The Court directed the Public Trustee to reject two informal loan claims ($13,500 and $8,500) by executor-beneficiaries against their deceased mother's estate on the basis that the evidence fell far short of establishing a binding and enforceable contract, particularly as to intention to create legal relations and corroboration of terms. However, the Court accepted a $20,000 claim where the claimant had refinanced his own home to discharge the deceased's mortgage, holding that such a serious sacrifice supported an intention to enter legal relations, corroborated by a $40,000 partial repayment cheque marked 'For Loan'. The Court also upheld the Public Trustee's decision to indemnify the executors' legal fees from the estate, finding the costs were incurred for estate administration purposes including facilitating the transfer of administration to the Public Trustee and addressing a subsequent will issue.
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