Estoppel is a principle in law that prohibits a party from taking a position inconsistent with their prior conduct or a court decision. It operates as a tool that prevents a party from reneging on their promise or imposes a…

In Price v Tickle & Ors [2011] QSC 206, the deceased had left more than one Will but couldn’t locate their most recent. The question arose whether the previous Wills should be presumed revoked. The Court applied the reasoning…

Section 4 of the Administration Act 1903 (WA) upholds the jurisdiction of the Supreme Court in deciding who should take charge of a funeral and how that person should manage the deceased’s body. Common law recognises the existence of duties…

In British Columbia, section 37(1) of the Wills Estates and Successions Act provides a valid will must be:

…

In litigation, the process known as ‘Discovery’ requires the parties to provide each other with every document relevant to the case based on the pleadings; a party cannot refuse to provide documents because they are personal or contain sensitive commercial…

It is possible to revoke a grant of probate in common form, while a grant of probate in solemn form is usually irrevocable, except for limited exceptions. Although an unopposed application is a factor that the Court considers when deciding…

In Victoria the Wills Act 1997 (Vic) provides the legal requirements for a valid Will. Under s7 of the Act, a Will must be in writing and signed by the testator in the presence of two or more witnesses simultaneously.…