NSW Caselaw
New South Wales Supreme Court
CITATION : ALCOTT v ALCOTT & 3 ORS [2007] NSWSC 11
HEARING DATE(S) : 2 January 2007 JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 2 January 2007
DECISION : The Registrar to execute a transfer of the Sutherland property; the Registrar directed to sign any other documents necessary to effect the transfer, including a transmission application; costs are to be paid out of the estate; leave to apply on 3 days' notice.
CATCHWORDS : Will - family law agreement to leave specified property by will to partner - insolvent estate - whether property subject to trust in favour of partner.
LEGISLATION CITED : Civil Procedure Act 2005 s94 Family Provision Act 1982
Barns v Barns & Ors (2003) 214 CLR 169 CASES CITED : Birmingham v Renfrew (1957) CLR 666 Central Trust and Safe Deposit Company and Snyder (1916) AC 266 at 271
Ben Jonas ALCOTT (Plaintiff) Shirley Margaret ALCOTT (First defendant) PARTIES : Margaret Wanda GRIFFITHS (Second defendant) Errol Laurence ALCOTT (Third defendant) Yvette Dominique BERNER (Fourth defendant)
FILE NUMBER(S) : SC 122347/04
COUNSEL : Ms K Hunter (Solicitor) (Plaintiff) Mr M K Meek (Defendants)
SOLICITORS : Conaghan Hunter Solicitors (Plaintiff) O'Neill Marengo (Defendants)
Ex tempore - checked
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
PROBATE LIST
ADAMS J
TUESDAY 2 JANUARY 2007
122347/04 - BEN JONAS ALCOTT v SHIRLEY MARGARET ALCOTT & 3 ORS ESTATE OF KEVIN MAURICE ALCOTT
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