Minassian v Minassian

In Minassian v Minassian, the Full Court of the Family Court of Australia examined the application of trust principles in the context of a deceased estate. The dispute arose between the children of the deceased, Minassian, who claimed entitlement to a share of property held in trust by the deceased's estate. The legal issues before the court included the nature of the trust, whether it was an express, resulting, or constructive trust, and the requirements for the trust to be evidenced in writing. The court also considered the admissibility of secondary evidence in the form of a later contract, where an admission was made as to the contents of a lost document.

The court found that the trust in question was a resulting trust, as it arose due to the failure of a previous trust to take effect. The court emphasised the need for a resulting trust to be evidenced in writing, as per the requirements of section 23C(2)(a) of the Conveyancing Act. The court determined that the admissions made by the deceased in a later contract could be admitted as secondary evidence, despite the absence of personal knowledge of the contents of the original document, as the admissions were made by the deceased and related to the contents of the lost document. The court held that the trust was validly established and that the children were entitled to their respective shares.

The Full Court of the Family Court of Australia concluded that the trust was a resulting trust, properly evidenced in writing, and that the children were entitled to their respective shares of the property. The court's decision highlights the importance of properly documenting trusts and the circumstances under which secondary evidence may be admitted in the absence of the original document.