100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Promise v Will: the stark lesson for others in intriguing battle for Sydney Harbour mansions

Do you have a news tip? Click here to send to our news team.

Beachside bar claims national award

A Sunshine Coast cocktail bar has been awarded a significant accolade at the Australian Bar Awards. Mooloolaba's WAT Den won the Regional Bar of the More

B2B: asset rich but cash flow poor

You may own a valuable home, have a healthy superannuation balance and perhaps hold an investment property, yet still wonder whether you can comfortably More

B2B: now is the time to start getting all your ducks in a row

To set yourself up for any changes coming your way and setup for success as a business, now is a good time to review More

Retail, childcare expansion reshapes town centre

Development around a hinterland shopping centre is forging ahead, with a childcare centre under construction and new plans for shops, food outlets and a More

B2B: find out how to become prep ready

Ask a kindy teacher what matters most before prep and they rarely say letters or numbers. They will say: “Talking.” Talking is how a four-year-old joins More

Shark alerts to reach smart watches

Sunshine Coast surfers are set to get shark alerts on their wrists as a popular app expands its sighting network to recreational drone operators. Founded More

What does a little old lady, her Sydney Harbour mansions, her neighbours and
a promise have in common?

The Supreme Court of New South Wales recently had to consider that very point!

The Court had to decide whether a verbal promise by the elderly Mrs Murphy to leave her neighbours two multimillion-dollar harbourside properties in the affluent Sydney suburb of Birchgrove would override the terms of her Will.

The neighbours asserted that Mrs Murphy had promised to leave them her entire estate, including the harbourside properties, in exchange for the neighbours:

(i) looking after Mrs Murphy as she aged;
(ii) not moving away; and
(iii) not carrying out building works on their own property, which would have blocked Mrs Murphy’s much-loved harbour view.

Mrs Murphy did not update her Will to reflect her promise.

When Mrs Murphy died, her Will only gifted the neighbours $25,000, with the rest of her estate passing to Mrs Murphy’s elderly siblings.

The unhappy neighbours sued!

Did Mrs Murphy’s promise ‘trump’ her Will? Are promises made to be broken?

Read the outcome on our website krugerlaw.com.au/a-promise-is-a-promise-or-is-it-made-to-be-broken.

Trent Wakerley is a Director at Kruger Law. He is an expert in Will disputes and also a Sessional Lecturer at the University of Sunshine Coast in Elder Law and Succession and a member of the Queensland Law Society Elder Law Committee.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share