Scott v Scott

[2009] NSWSC 567

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › trusts and trustees
3. › resulting trusts
4. › wife provided entire purchase price for matrimonial home acquired in names of husband and wife as tenants in common in unequal shares
5. › whether presumption of resulting trust rebutted
6. › held that presumption rebutted.
1. Real Property
2. › joint tenancy and tenancy in common
3. › property held by husband and wife as joint tenants
4. › whether joint tenancy severed by conduct or agreement in course of separation and informal division of property
5. › held that joint tenancy severed by conduct.
1. Succession
2. › family provision and maintenance
3. › failure by testator to make sufficient provision for applicant
4. › whether inadequate provision made for deceased’s wife
5. › entire estate left to minor grandchild
6. › relevance of separation and informal division of property shortly before death
7. › considerations finely balanced
8. › held that inadequate provision made
9. › modest legacy ordered.

Citation[2009] NSWSC 567

CourtNSWSC

JurisdictionNew South Wales

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