Refalo v Gatt (No 2)

[2021] NSWSC 1677

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Succession
2. › Construction
3. › Where wills silent as to date of valuation of property in estate subject to testamentary option exercisable by beneficiaries
4. › Where executors had not implemented the process for determination of value required by the wills
5. › Where the parties had nonetheless implemented part of the valuation process
6. › Where the Court has suggested a pragmatic approach to the determination of the valuation date resulting from the parties’ conduct
7. › Where no point of principle
1. Costs
2. › Where plaintiffs and defendants are both beneficiaries and executors under wills
3. › Where the proceedings were required to determine the proper construction of the wills in circumstances where that issue was uncertain
4. › Where the Court has ordered that the costs incurred by the parties are proper testamentary expenses
5. › Where the Court has ordered that the costs of all parties be paid out of the estates of the testators on the indemnity basis
1. Costs
2. › Where plaintiffs propose to discontinue part of proceedings
3. › Consideration of the principles