Deakin University
Browse

File(s) under permanent embargo

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

journal contribution
posted on 2003-01-01, 00:00 authored by Julie Cassidy
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.

History

Journal

Melbourne University law review

Volume

27

Issue

1

Pagination

217 - 254

Publisher

Melbourne University Law Review Association

Location

Melbourne, Vic.

ISSN

0025-8938

eISSN

1839-3810

Language

eng

Notes

At head of title : Case note

Publication classification

C1 Refereed article in a scholarly journal

Usage metrics

    Research Publications

    Keywords

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC