SCHAECHTELE -v- OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE [2008] WASC 148
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2008] WASC 148 | |
| Case No: | CIV:2613/2003 | 25 JUNE 2008 | |
| Coram: | LE MIERE J | 25/07/08 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application to vary deceased's will allowed | ||
| B | |||
| PDF Version |
| Parties: | OTTO WILHELM SCHAECHTELE OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE WOLFRAM MISSELWITZ |
Catchwords: | Succession Application by widower under Inheritance (Family and Dependants) Act 1972 (WA) for provision from estate of late wife Settlement Application to vary deceased's will as agreed by the beneficiaries Turns on own facts |
Legislation: | Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6 |
Case References: | Hadley v McNamara Re the Estate of Mary Anne McNamara (Unreported, NSWSC, 7 December 1995) Hore v Perpetual Trustee Co Ltd (Unreported, NSWSC, 8 June 1995) |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
OTTO WILHELM SCHAECHTELE AS EXECUTOR OF THE WILL OF MARIA REGINA GRUNDNER-SCHAECHTELE
First Defendant
WOLFRAM MISSELWITZ
Second Defendant
Catchwords:
Succession - Application by widower under Inheritance (Family and Dependants) Act 1972 (WA) for provision from estate of late wife - Settlement - Application to vary deceased's will as agreed by the beneficiaries - Turns on own facts
(Page 2)
Legislation:
Inheritance (Family and Dependants Provision) Act 1972 (WA), s 6
Result:
Application to vary deceased's will allowed
Category: B
Representation:
Counsel:
Plaintiff : Mr T R Stephenson
First Defendant : Mr T O Coyle
Second Defendant : Mr T O Coyle
Solicitors:
Plaintiff : Phillips Legal
First Defendant : Lavan Legal
Second Defendant : Lavan Legal
Case(s) referred to in judgment(s):
Hadley v McNamara Re the Estate of Mary Anne McNamara (Unreported, NSWSC, 7 December 1995)
Hore v Perpetual Trustee Co Ltd (Unreported, NSWSC, 8 June 1995)
(Page 3)
1 LE MIERE J: The plaintiff has applied by originating summons for an order that the court make provision out of the estate of Maria Regina Grundner-Schaechtele, deceased, (the Estate) pursuant to the provisions of the Inheritance (Family and Dependants) Provisions Act 1972 (WA) (the Act) on the grounds that the plaintiff was the husband of the deceased immediately before she died and there has been no, or alternatively no proper, provision made for him in the will of the deceased.
2 The parties reached agreement and by consent asked the court to order that the will of the deceased be varied by deleting the clause of the will by which the deceased bequeathed her real estate to the plaintiff and the second defendant equally, subject to certain directions, and replacing it with a provision that the deceased bequeaths her…
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- AGLC
- Schaechtele v Schaechtele [2008] WASC 148
- Case
- [2008] WASC 148
- Decision Date
CaseChat Overview and Summary
The court considered the statutory provisions of the Inheritance (Family and Dependants) Act 1972 (WA) and the specific circumstances of the case. The application to vary the deceased's will was supported by an agreement among the beneficiaries, which the court found to be a significant factor. The court examined the principles of fairness and the intentions of the deceased as reflected in the will, and concluded that the application should be granted. The court recognised the unique facts of the case and found that the variation of the will was appropriate to achieve a fair and just outcome.
The court's reasoning was based on the unique facts of the case and the agreement of the beneficiaries. The application to vary the deceased's will was allowed, and the court determined that the widower's application for a provision from the estate should be granted. The final orders of the court were that the application to vary the deceased's will was allowed. This decision provides guidance for future cases involving similar issues under the Inheritance (Family and Dependants) Act 1972 (WA).
Orders
Orders of the court
Application to vary deceased's will allowed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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