Summary
In the recent case of West v Smith¹, the Supreme Court of Western Australia held that a regularly executed will for a $1.5 million estate was invalid because the testator lacked mental capacity. The case illustrates the importance of gaining a thorough understanding of testators when preparing their will and identifying who may reasonably have a claim on the estate.
Mental capacity in making wills
Summary
Orders for security for costs are uncommon in probate proceedings. However such an order was made late last year by the Supreme Court of New South Wales in Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813 (21 December 2017). Notably in this case, the Court outlined a number of general factors for security for costs applications peculiar to probate proceedings.
Background - the testamentary instruments
Summary
In Goode v Angland, the Court of Appeal considered the application of section 5L Civil Liability Act 2002 (NSW) (CLA) to a personal injury claim by a professional jockey injured during a horse race. The Court held that professional horseracing is a ‘recreational activity’ for the purposes of section 5K CLA, enabling the defendant to successfully argue that the statutory defence of ‘obvious risk’ of a ‘dangerous recreational activity’ applied to defeat the claim.
Facts
Sharma v Insurance Australia Ltd (t/as NRMA Insurance) [2017] NSWCA 307
Reschke v Reschke [2017] SASC 192 (22 December 2017)
Summary
Welcome to the December edition of our Financial Services Bulletin
With the end of the year practically in sight this is our last edition of the Financial Services Bulletin for 2017. Read on for industry news, case law developments, our selection of FOS and SCT determinations and our topical “Turks Q&A”.
The FSB has been another huge success in 2017 and we would like to thank you, our readers, for being part of it. We wish you all the very best for the festive season and a bright and prosperous New Year!
Recent Developments
The new world of claims management…icare’s transition to a new model
Recent Decisions
Claims for Psychological injury - all relevant statements essential
Harris v Australian Plastics Profiles Pty Ltd (20 November 2017)
Sheehan v Lloyds Names Munich Re Syndicate Ltd (2017) FCA 1340