Scheps v Cobb; Estate of Dagobert Scheps deceased

[2005] NSWSC 455

Supreme Court of NSW

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For Australian Law.

1. PROPERTY (RELATIONSHIPS ACT) - whether an adult son, instead of claiming under the Family Provision Act against his father's estate, could allege he cared for his father within a "domestic relationship" as defined in the Property (Relationships) Act - unavailability of such a claim unless commenced in father's lifetime - construction of Property (Relationships) Act
1. CONTRACT - allegation of contractual right of son against deceased estate arising under agreement to care for father in old age - principle requiring very careful scrutiny of claim against deceased - whether legally binding contract intended between father and son - circumstances where binding promise was found - whether alternative restitutionary claim lay if contract was unenforceable
1. Acts Cited:
1. Conveyancing Act 1919, Pt 4 Div 6

Citation[2005] NSWSC 455

CourtNSWSC

JurisdictionNew South Wales

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