Permanent Trustee Company Ltd v Gillett [2004] NSWSC 278

Permanent Trustee Company Ltd v Gillett [2004] NSWSC 278

Christian Gillett is not disentitled from taking a benefit under his father's will because either: the forfeiture rule is not engaged due to insufficient causal connection between the attack and death, or, should it apply, the court exercises its power under the Forfeiture Act 1995 (NSW) to modify the rule considering Christian's circumstances, and agreeably to uncontested consent by other beneficiaries.

Jurisdiction
Australia
Judgment Date
07 April 2004
Procedural Posture
Civil / Final Hearing and Judgment
Outcome
declaration and modification orders granted; entitlement confirmed; costs orders made
Legal Topics
['forfeiture Rule' 'discretionary Trust' 'unlawful Killing' 'mental Illness' 'family Provision' 'evidence Admissibility']
['wills and Estates' 'equity'] ['forfeiture Rule' 'discretionary Trust' 'unlawful Killing' 'mental Illness' 'family Provision' 'evidence Admissibility']

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Procedural Posture

Civil / Final Hearing and Judgment

Legal Issues

  1. 1 ["Does the forfeiture rule bar Christian Gillett from benefiting from his father's will given his involvement in the father's death?" 'Is a discretionary trust benefit sufficient to invoke the forfeiture rule?' "Was there a causal connection between Christian's conduct and the deceased's death?" "Is evidence from the criminal trial admissible to establish Christian's mental illness in this civil proceeding?" 'Should the effect of the forfeiture rule be modified under the Forfeiture Act?']

Ratio Decidendi

Christian Gillett is not disentitled from taking a benefit under his father's will because either: the forfeiture rule is not engaged due to insufficient causal connection between the attack and death, or, should it apply, the court exercises its power under the Forfeiture Act 1995 (NSW) to modify the rule considering Christian's circumstances, and agreeably to uncontested consent by other beneficiaries.

Court Disposition

declaration and modification orders granted; entitlement confirmed; costs orders made

Orders

  • ['The court declares either the forfeiture rule does not apply or jurisdiction is exercised under s 5 of the Forfeiture Act 1995 (NSW).' 'Leave granted to Christian under s 7(2) of the Forfeiture Act 1995 (NSW) for late application.' 'Extension of time for Family Provision Act application to 2 June 2003.'...