list of cases - Gordon & Jackson

Lydia Kinda
Current Practice of advice and appearance work
Wills and Estates
• In the Estate of J Vermeulen (2013) Application by widow for further
provision from Estate.
• In the Estate of R.M. Thomas (2013) Application for provision by two
granddaughters on basis of their mother’s pre-deceasing their grandmother
excluded them from her estate.
• In the Estate of Joyce Hood (2013) Advise beneficiaries regarding likelihood
of success of a claim including the issue of costs being awarded against them
if their claim is unsuccessful.
• In the Estate of M Kruntorad (2013) Advice to Executor/Trustee in finalising
the Estate.
• In the Estate of R. Carbonaro (2013) Application by daughter for provision
from small Estate. Matter settled at Mediation.
• In the Estate of P I. Rogan (2013) Advise re claim Executor against former
de facto of the deceased who was listed jointly with the deceased as registered
proprietor of a property.
• In the Estate of May (2013) Advise Executor regarding powers prior to Grant
of Probate.
• In the Estate of Osicka (2013) Advise Executor regarding a claim by
beneficiary that estate diminished by inter vivos transfer of property by Power
of Attorney to benefit himself in potential breach of Trust.
• In the Estate of Murrell (2013) Claim by disabled Life Tenant denied benefit,
replacement of Trustees, Deed of Settlement signed.
• In the Estate of Joyce (2013) Mediation of Part IV claim.
• In the Estate of Boyan (2013) Dispute re status of de facto.
• In the Estate of Voldrich (2012) Advice re tax liabilities in respect of transfer
of Estate assets.
• In the Estate of Gray (2012) Habersberger J application for ad colligenda
bona for de facto of deceased where no executed will.
• In the Estate of AE Elliott (2012) advising whether stepchildren “children”
for the purposes of the deceased’s Will.
• In the Estate of Drayton (2012) claim to set aside Will and revert to
penultimate will on basis of “not the testator’s intent”.
• In the Estate of Renot (2012) Part IV claim by estranged niece of deceased
for provision, claim of undue influence and unconscionable action by
Executor/Beneficiary.
• Advising and opposing claim( 2011) for further provision by widower of
deceased left life tenancy where one residuary beneficiary profoundly
intellectually handicapped. Matter settled.
• In the Estate of DJ Beel (2011) opposing Part IV application by beneficiary’s
daughter. Parties settled.
• In the Estate of Mary Clarkson (2011) advise and act for Executor in
defending a family provision claim by niece and nephew where application out
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of time and plaintiffs were always aware of the terms of the Will and the
provision made for them.
• In the Estate of W G Smith (2011) advising great nephew and great niece of
deceased as to whether property included in Estate subject to a Resulting
and/or Constructive Trust. Settled at Mediation in 2013.
• In the Estate of Wilson (2010/11) advising wife of deceased where original
will missing..
• In the Estate of Perkins (2010) successfully settled claim for provision for
friend of the deceased.
• In the Estate of WW Hossfield (2010) advising an overseas claimant against
the deceased’s estate regarding the validity of a codicil.
• In the Estate of O’Connor (2010) advice to beneficiary where Executor failed
to make distribution as required by deceased’s Will.
• Advice in number of Estate matters including intestacy, claim by
granddaughter and where claim for Executor’s commission excessive (2010).
• In the Estate of Tsimiklis (2010) successful settlement of a claim by parents
in law of the deceased whose wife was deemed to have pre-deceased him.
• In the Estate of Rooney (2009) advising and representing a daughter in a
successfully negotiated settlement of a claim for family provision.
• In the Estate of KL Stone advice and successful application for retraction of
Grant of Probate because of inability of Executor to act.
• In the Estate of Barker [2008] successful Part IV claim by adult stepson for
provision.
• In the Estate of Blythe [2008] successful defence of Part IV claim by
Administrator ad litem.
• In the Estate of Buzzard [2008] successful defence by Executors against
claim of invalid inter vivos distribution of Estate .
• In the Estate of Cook (2007) successful settlement of Part IV claim where
several beneficiaries under a disability.
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