› whether equity can apply or extend its principles respecting undue influence and dispositions inter vivos to subject gifts under a will to a trust in favour of residuary or past beneficiaries
› where presumptive relationship of undue influence exists
› where factual findings establish knowledge and approval
› presumption arising from relationship of parties rebutted
Equity
› unconscionable conduct
› whether unconscionable conduct applicable to dispositions inter vivos can be extended to invalidate wills or parts thereof
› whether acceptance or retention of benefits under a will amounts to unconscionable conduct in the absence of any dealing, transaction or inter vivos arrangement between testator and beneficiary
Case Details
Citation[2023] NSWSC 509
CourtNSWSC
JurisdictionNew South Wales
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