Cottrell v Miglic

• 1. Wills and Estates
  2. › Mutual wills agreement
  3. › Oral agreement between spouses
  4. › Whether parties intended to be legally bound not to change wills without consent
  5. › Whether evidence established binding agreement or arrangement in honour only
  6. › Standard of proof — clear and satisfactory evidence
• 1. Trusts
  2. › Tracing
  3. › Trust property mixed with trustee's own property
  4. › Whether trust funds could be traced into assets held at death
  5. › No evidence of how trust funds were invested or treated
  6. › Whether principle that mixed fund treated as trust property applied where no evidence of mixing
  7. › Whether tracing possible absent identification of specific assets
• 1. Appeal
  2. › New point on appeal
  3. › Equitable compensation for breach of trust not advanced at trial
  4. › Whether expedient in interests of justice to permit new claim
  5. › Resolution requiring consideration of factual issues and expert evidence
• 1. Costs
  2. › Order for costs to be paid out of estate
  3. › Mutual wills case
  4. › Whether probate rule regarding testator's fault applies by analogy
  5. › Whether conduct of testator relevant to costs discretion in non-probate case
  6. › Whether reasonableness of unsuccessful party's conduct relevant
  7. › Whether size of estate relevant consideration

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