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Osborne v Estate of Osborne: an equitable agreement or a contract in law: merely a matter of nomenclature?

Cassidy, Julie 2003, Osborne v Estate of Osborne: an equitable agreement or a contract in law: merely a matter of nomenclature?, Melbourne University law review, vol. 27, no. 1, pp. 217-254.

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Title Osborne v Estate of Osborne: an equitable agreement or a contract in law: merely a matter of nomenclature?
Author(s) Cassidy, Julie
Journal name Melbourne University law review
Volume number 27
Issue number 1
Start page 217
End page 254
Publisher Melbourne University Law Review Association
Place of publication Melbourne, Vic.
Publication date 2003
ISSN 0025-8938
1839-3810
Summary It has been more than lOO years since the leading case on mutual wills was handed down in Dufour v Pereira. Despite the passage of time. there continues to be a comparative dearth of modern authority), on this type of will. This area of the law was. however. recently considered by the Victorian Court of Appeal in Osborne. This case note evaluates Osborne in light of the relevant grounds of appeal. It is ultimately concluded that Osborne was very much a lost opportunity. The grounds of appeal raised many key issues pertaining to both the substantive law and evidential aspects of mutual wills. However the Court of Appeal did not take the opportunity to articulate clearly its views of the relevant law.
Notes At head of title : Case note
Language eng
Field of Research 180112 Equity and Trusts Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30002190

Document type: Journal Article
Collection: Law
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