A document purporting to be a codicil to a will, which has not been the subject of a grant of probate or letters of administration, does not create enforceable rights capable of supporting a caveatable interest. A residuary beneficiary under a will has only a right to due administration, not a proprietary interest in specific estate assets, and therefore cannot lodge a caveat over land that may have formed part of the estate. Where consideration for a transfer of land is undivided and not severable, partial failure to perform particular obligations cannot constitute a total failure of consideration.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
2 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.