Shymko v Lach

[2022] NSWSC 1096

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Testamentary promise
3. › claimed general and specific statements of inheritance
4. › whether statements certain and enforceable
5. › General statements vague and uncertain based on equality and fairness
6. › No form of exchange of promises nor request of action
7. › No intention to give rise to legal relations
8. › Claimed historic specific statements not established
9. › Frailty of memory
1. Estoppel
2. › Equitable estoppel
3. › Requirements
4. › No clear and unequivocal representation
5. › requirements of reliance
6. › no evidence deceased aware of intended reliance or purported reliance
7. › requirement of detrimental reliance
8. › no substantial material disadvantage
1. Succession
2. › wills, probate and administration
3. › validity of a will
4. › whether undue influence
5. › no evidence amounting to coercion
1. Succession
2. › family provision
3. › structure of statutory scheme
4. › requirements of dependency
5. › requirements of factors warranting
6. › reference point for assessing inadequacy of provision

Citation[2022] NSWSC 1096

CourtNSWSC

JurisdictionNew South Wales

The full text is available to signed-in members, including the 14 later cases that cite this judgment.

1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Already have an account? Sign in