Today, the Court of Appeal unanimously upheld the decision of the Supreme Court of Victoria in Re Miglic [2024] VSC 20, in which two sisters proved the existence of a 30-year-old oral agreement affecting husband and wife wills.
In the case of Re Miglic, the plaintiff sisters (represented by Rigby Cooke Lawyers) succeeded in proving the existence of a mutual wills agreement which resulted in declarations that approximately 99% of an estate is held on trust for the plaintiffs.
That decision was appealed, and the appeal was dismissed in a decision which left the original judgment and orders intact.
The case is significant in respect of mutual wills, but also as a very useful study of the principles which the Court will apply in assessing evidence, particularly evidence about oral agreements.
Commenting on today’s decision, Christian Teese, Partner in Rigby Cooke Lawyers’ Wills, Trusts & Estates team, said:
“Today’s decision is a fantastic victory for our clients and gifts the profession with significant appellate court guidance which supports an already very useful case not only on mutual wills, but also in terms of evaluating evidence generally.”
For details on the Re Miglic case, please refer to our Wills, Trusts & Estates alert here >>
| Disclaimer: This publication contains comments of a general nature only and is provided as an information service. It is not intended to be relied upon, nor is it a substitute for specific professional advice. No responsibility can be accepted by Rigby Cooke Lawyers or the authors for loss occasioned to any person doing anything as a result of any material in this publication.
Liability limited by a scheme approved under Professional Standards Legislation. © 2025 Rigby Cooke Lawyers |