Just in Case Law

SUCCESSION: Family Contracts and Death


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Case: Bovaird V Frost [2009] NSWSC 337

Monica and Max are siblings. In 1948, their father Walter died and Max was the executor of the estate.

It was only in 2001 that Monica's son Leon discovered that Max had not given Monica her share of the estate.

They reached a "gentleman's agreement" that Max would pay for his sister's accommodation and care for the rest of her life and that Max would provide a 10-year interest free loan up to $880,000 for the development and subdivision of Monica's property in Gordon. A year after that agreement was made, Max died.

Was the agreement enforceable against Max's estate?

THIS IS NOT LEGAL ADVICE.

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Just in Case LawBy Tanya Chapman


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