Wills and estates - Questions to be answered on construction of will and distribution of assets
Wills and estates - Question as to asset of estate subject to mortgage - Real property forming part of residuary estate subject to mortgage to secure liability under guarantee and indemnity of liability of a company one of the family businesses - Company in liquidation - Specific legacy of family businesses - Whether liability secured should be borne primarily by real property or by assets of remaining family business
Wills and estates - Question as to conditional gift - First charge on residuary estate if chargee has first transferred interest in certain real property 'to me' pursuant to letter from testator to chargee - Transfer after the testator's death - Whether condition met
Wills and estates - Questions as to payment of costs and expenses of getting in assets and general costs of administration, availability to trustees of proceeds of sale of real property mortgaged to secure liability under guarantee and indemnity, cash as part of the residuary estate and payment of gifts of capital to the life tenant under the will
Case Details
Citation[2008] WASC 142
CourtWASC
JurisdictionWestern Australia
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