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Re O'Hara-Tucker [2022] VSC 572

WILLS AND ESTATES
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
McMillan J
Parties: 

In the matter of the will and estate of O'Hara-Tucker, Patricia Mary, deceased & in the matter of an application pursuant to r 54.02 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) for an order approving a deed; Application by: Gross, Janice Glyn & Whiting, Therese Marie (as executors of the will and estate of O'Hara-Tucker, Patricia Mary, deceased)

Judgment Date: 
28 September 2022
Catchwords: 

WILLS AND ESTATES - Application for approval of deed - Where deed purports to distribute testamentary bequest to discretionary trusts instead of beneficiary - Purpose to avoid United Kingdom inheritance tax - Where deed executed by beneficiary's administrator appointed by the Victorian Civil and Administrative Tribunal - Whether deed intended to assign beneficiary's interest under will - Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 54.02 - Guardianship and Administration Act 2019 (Vic) ss 3, 30, 46, 50, 51, 57, 58 - Application dismissed.

Citation: