Case studies

Re Salvana: State Trustees Ltd v Attorney-General (Vic)

STL was the Executor of the Estate of Mr Salvana (deceased). By his will dated 22 May 1969, Mr Salvana left the residue of his estate upon trust to provide for the purchase or provision of an area of land in the Otway Ranges or the district known as Little Dessert …to be used as a park or reservation or sanctuary for the purpose of the preservation and conservation of native Australian flora and fauna.

Upon STL’s application, the Supreme Court of Victoria declared that the gift is a gift for charitable purposes, and ordered that the entire net residue of the deceased’s estate be distributed to the Australian Trust for Conversation Volunteers for purposes set out in STL’s application.

Citation: [2013] VSC 117 (22 March 2013)

 

Saunders v Pedemont

STL is the administrator of Mr Macquire by order of the Victorian Civil and Administrative Tribunal. Mr Macquire’s nephew-by-marriage, Mr Saunders, applied to the Supreme Court of Victoria for an order, pursuant to s 21(1) of the Wills Act 1997, authorising a will to be made for Mr Macquire, being a person who did not have testamentary capacity. Mr Macquire’s granddaughter, Ms Pedemont, opposed the application. STL neither consented to nor opposed the application for the proposed ‘statutory will’ to be made; STL did oppose Mr Saunders’ application that Mr Macquire pay the costs of the proceeding.

Mr Saunders’ application failed. Argument on costs were heard, and Mr Saunders was ordered to pay Ms Pedemont’s and STL’s costs on a party and party basis.

Citation: Saunders v Pedemont [2012] VSC 574 (28 November 2012)

Saunders v Pedemont (No 2) [2012] VSC 301 (12 December 2012)

 

Paola & Ors v State Trustees Ltd

STL was the Administrator of the estate of Mr Keith Bennett who died intestate. His next-f-kin were maternal cousins, living in the UK.  Each of Mr Bennett’s three step-sons applied to the Supreme Court of Victoria for provision from Mr Bennett’s estate, pursuant to Part IV of the Administration and Probate Act 1958 (Vic) (“the Act”).

The court awarded each step-son a fixed sum from the estate, and ordered that the plaintiffs’ and defendant’s costs paid on a solicitor client basis from the estate.

Citation: [2012] VSC 158 (26 April 2012)