ESTOPPEL — Proprietary estoppel — Encouragement — Where deceased transferred approximately 3000 ha of farmland to second defendant — Where second defendant and plaintiffs are siblings — Whether the deceased had made representations to the plaintiffs that they would each get a third of the farmland — Whether it was reasonable for the plaintiffs to rely on the alleged representations — Whether the plaintiffs relied to their detriment on the alleged promises
SUCCESSION — Family provision — Claim by adult children for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — Potentially large notional estate — Where plaintiffs each received cash legacy and second defendant received farmland — Whether adequate and proper provision made for the plaintiffs — Where plaintiffs contend they should each be given further provision to fund the purchase of farmland
David Rayment SC appeared for the successful Defendant.
Reasons for the decision can be found here.
