Wardy v NSW Trustee and Guardian

• 1. Succession
  2. › Administration of estates
  3. › Specific devise sold by administrator to pay debts
  4. › Substitution of property from residuary estate
  5. › Whether substitute property must have same characteristics as sold property
  6. › Whether equivalence in value sufficient
• 1. Succession
  2. › Administration of estates
  3. › Specific devise sold by administrator to pay debts
  4. › Adjustment of rights of beneficiaries
  5. › Consent of life tenant to substitution
  6. › Whether residuary beneficiary has standing to object on behalf of life tenant
• 1. Appeal
  2. › Standard of appellate review
  3. › Evaluative conclusions based on expert evidence
  4. › Whether House v The King standard applies to evaluative findings on valuation
  5. › Whether primary judge's acceptance of expert evidence and discount for contingencies was within reasonable range
• 1. Succession
  2. › Trusts and trustees
  3. › Judicial advice
  4. › Trustee Act 1925 (NSW), s 63
  5. › Whether judicial advice given
  6. › Court's power under UCPR r 54.3 to determine estate disputes without general administration order

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