ALCOTT v ALCOTT & 3 ORS [2007] NSWSC 11

ALCOTT v ALCOTT & 3 ORS [2007] NSWSC 11

By virtue of the deed and substitution of the Sutherland property, the estate holds the property on trust for Ms Alcott and she is entitled to a transfer, subject to the mortgage and costs. The Registrar is to execute the transfer as the executor declined due to insolvency concerns.

Jurisdiction
Australia
Judgment Date
02 January 2007
Procedural Posture
Probate/equity / Judgment (ex Tempore)
Outcome
The Registrar is to execute a transfer of the Sutherland property to Ms Alcott as per previous orders; Registrar also to sign necessary documents; costs paid out of estate; liberty to apply on 3 days' notice.
Legal Topics
['enforcement of Family Law Deeds' 'trusts Arising From Contracts to Leave Property by Will' 'insolvent Estates' 'execution of Conveyance by Registrar']
['wills and Estates' 'family Law' 'equity'] ['enforcement of Family Law Deeds' 'trusts Arising From Contracts to Leave Property by Will' 'insolvent Estates' 'execution of Conveyance by Registrar']

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Procedural Posture

Probate/equity / Judgment (ex Tempore)

Legal Issues

  1. 1 ['Whether the Sutherland property is subject to a trust for Ms Alcott arising from a deed to leave property by will' 'Effect of insolvency of estate on obligation to transfer property to Ms Alcott' 'Whether Registrar should execute transfer of property under s94 Civil Procedure Act 2005']

Ratio Decidendi

By virtue of the deed and substitution of the Sutherland property, the estate holds the property on trust for Ms Alcott and she is entitled to a transfer, subject to the mortgage and costs. The Registrar is to execute the transfer as the executor declined due to insolvency concerns.

Court Disposition

The Registrar is to execute a transfer of the Sutherland property to Ms Alcott as per previous orders; Registrar also to sign necessary documents; costs paid out of estate; liberty to apply on 3 days' notice.

Orders

  • ['Registrar to execute a transfer of the Sutherland property in accordance with previous orders.' 'Registrar to sign any other documents necessary to effect the transfer, including a transmission application.' 'Costs to be paid out of the estate.' "Liberty to apply on 3 days' notice."]