GALIC v ENGELINA MARIA SELLIN as executrix of the estate of MILAN GLAVOTA

[2025] WASCA 1

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Wills
2. › Construction
3. › Devise of real property
4. › Gift expressed to be 'absolutely' but subject to condition of payment to third parties
5. › Whether condition precedent or condition subsequent
6. › Whether gift subject to equitable charge or held on trust pending satisfaction of condition
1. Wills
2. › Construction
3. › Repugnancy
4. › Whether later clause providing for sale of property void as repugnant to earlier absolute devise
5. › Consistency of clauses when read as a whole

Quick Take

Where a will gives property 'absolutely' but expressly conditions the gift on payment to third parties, and includes a forfeiture/sale clause if payment is not made, the condition operates as a condition precedent rather than merely creating an equitable charge, so that the devisee does not acquire beneficial ownership until the condition is satisfied.

Case Details

Citation[2025] WASCA 1

CourtWASCA

JurisdictionWestern Australia

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Relies on5

2019WALSH v ADRIAN CORY SLOAN as executor of the estate of THE LATE LAURETTE DOROTHY KEDDIEWASCA 107
1943Perrin v MorganAC 399
1932Countess of Bective v Federal Commissioner of TaxationHCA 22
1922Fell v FellHCA 55
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