3.1. The validity of the will of the late William York
In terms of the validity of William York's testament, there are two ideas:
- The plaintiff argued that some of the provisions in the will were not legal
- The defendant believes that the will is done in accordance with the law
In the Supreme Court of Queensland, the two sides gave evidence to protect their opinions.
- The plaintiff argued
- The testament was prepared by a solicitor, Mr Pack, but Mr Taylor and Neil were not present when instruction were given by Bill to Mr Park, moreover, Neil did not sign the will.
- The plaintiff thinks Neil put pressure on Bill when he wrote the will.
- The defendant gave some evidence like:
- The testament was prepared by a solicitor, Mr Pack.
- Bill York was fond of and grateful to his …show more content…
Thus Neil need to pay the remain price $546,811 ($696,811 less $150,000) References
Blomley v Ryan (1956) 99 CLR 362 http://www.unistudyguides.com/wiki/Blomley_v_Ryan Commercial Bank of Australia Ltd v Amadio [1983] HCA 14 https://en.wikipedia.org/wiki/Commercial_Bank_of_Australia_Ltd_v_Amadio#Supreme_Court Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983 http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1983/14.html Succession Act 1981 - SECT 41 41 Estate of deceased person liable for maintenance http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/sa1981138/s41.html Bridgewater v Leahy [1998] HCA 66
In terms of the validity of William York's testament, there are two ideas:
- The plaintiff argued that some of the provisions in the will were not legal
- The defendant believes that the will is done in accordance with the law
In the Supreme Court of Queensland, the two sides gave evidence to protect their opinions.
- The plaintiff argued
- The testament was prepared by a solicitor, Mr Pack, but Mr Taylor and Neil were not present when instruction were given by Bill to Mr Park, moreover, Neil did not sign the will.
- The plaintiff thinks Neil put pressure on Bill when he wrote the will.
- The defendant gave some evidence like:
- The testament was prepared by a solicitor, Mr Pack.
- Bill York was fond of and grateful to his …show more content…
Thus Neil need to pay the remain price $546,811 ($696,811 less $150,000) References
Blomley v Ryan (1956) 99 CLR 362 http://www.unistudyguides.com/wiki/Blomley_v_Ryan Commercial Bank of Australia Ltd v Amadio [1983] HCA 14 https://en.wikipedia.org/wiki/Commercial_Bank_of_Australia_Ltd_v_Amadio#Supreme_Court Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983 http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1983/14.html Succession Act 1981 - SECT 41 41 Estate of deceased person liable for maintenance http://www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/sa1981138/s41.html Bridgewater v Leahy [1998] HCA 66