Succession: doctrine of ademption

The Trust Company Limited v Gibson & Anor [2012] QSC 183

 

The decision of her Honour Mullins J is significant in its departure from previous Queensland decisions. Mullins J preferred the reasoning in RL v NSW Trustee and Guardian [2012] NSWCA 39 and so held the sale of the matrimonial home to fund the testator’s wife’s move to a nursing home, with the balance of the funds deposited in an account, adeemed the gift of the matrimonial home.

 

Brisbane Barrister – David Cormack

 

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