Gill v Garrett

The appeal concerned a dispute between the appellant, Ms Gill, and the respondent, Mr Garrett, regarding the estate of the deceased, Ms. Garrett. Ms Gill sought provision from the estate, alleging an agreement that she would receive real estate in return for her care of the deceased. Mr Garrett, the executor, also alleged that Ms Gill had improperly retained funds belonging to the deceased. The case was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine several legal issues. These included whether Ms Gill was entitled to provision from the estate under the *Succession Act 2006* (NSW), considering her role as a member of the household and the care she provided to the deceased, and whether the deceased had taken unconscionable advantage of a special disadvantage. Furthermore, the court had to consider whether Ms Gill was estopped from claiming an interest in the real estate, and whether she had breached fiduciary duties by retaining excess cash from the deceased's bank cards.

The Court of Appeal found that Ms Gill had not proven the terms of any alleged agreement to leave her the real estate, nor had she established detrimental reliance on such an agreement. The court also concluded that Ms Gill had not demonstrated that the deceased had taken unconscionable advantage of any special disadvantage. Regarding the financial matters, the court found that Ms Gill had retained excess cash for her personal use, constituting an unauthorised profit and a breach of fiduciary duty.

Consequently, the Court of Appeal ordered that the appeal be dismissed with costs.