Federal Magistrates Court case: did the wife receive her inheritance?

Federal Magistrates Court case: did the wife receive her inheritance?

The Federal Magistrates Court in a recent case, Cairns and Cairns, had to consider the question of whether or not the wife had renounced her interest in her grandfather’s estate.

Under the terms of the estate, the wife was to receive $20,000 and she and her sister were to receive 1/2 each of two investment properties after both of them had turned 40.

The wife claimed that the Rule in Saunders v. Vautier applied. This rule meant in effect that once the wife and her sister turned 18, they could together seek the payment over of the trust, or for that matter to renounce their entitlement under the trust.

The amount was significant. When the investment properties were sold in 1992, the sale proceeds were in excess of $600,000.

Federal Magistrate Housego found that the wife, who had not turned 40, had not renounced her interest in her grandfather’s estate, and therefore her interest was that of a financial resource, which needed to be taken into account in the property settlement.


Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board