Grant v Grant

[2021] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Succession
2. › Claim by estate to recover property
3. › Transfer by attorney
4. › Power of attorney not authorising gifts
5. › Whether transfer constituted fraud
6. › Whether signature on direction letter was forged
7. › Powers of Attorney Act 2003 (NSW), s 11
1. Succession
2. › Family provision
3. › Claim by adult child
4. › Conduct disentitling claimant
5. › Ill treatment of testatrix by claimant
6. › Whether claimant already received substantial lifetime benefits
7. › Succession Act 2006 (NSW), s 100(2)
1. Appeal
2. › Appeal from findings of fact
3. › Credibility-based findings
4. › Standard of appellate review
5. › Whether findings contrary to incontrovertible facts or glaringly improbable
6. › Fox v Percy (2003) 214 CLR 118

Quick Take

An appellate court will not disturb credibility-based findings in family provision and estate recovery proceedings absent incontrovertible contrary evidence, and a power of attorney that does not tick the box authorising gifts under s 11(2) of the Powers of Attorney Act 2003 (NSW) does not authorise any gifts of the principal's property.