Adrian Holmes, Principal, Adrian Holmes Lawyers
Jennifer Maher, Special Counsel, KCL Law (Vic)
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
John Hockley, Barrister, Level 23 Francis Burt Chambers (WA)
Melissa Yule, Consultant, Adelta Legal (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
General principles
This guidance note provides an outline of the general principles of ademption including the effect of an ademption and the intention behind the disposal.
See General principles.
Overcoming an apparent ademption of a specific gift
A beneficiary may have several courses available to overcome an apparent ademption of a specific gift, including:
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construction or administration proceedings — misdescription of item or change in name or form of property;
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setting aside the disposal — tortious or fraudulent disposals; and
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the various state and territories’ powers of attorney legislation and guardianship legislation — disposals made by an attorney or financial manager.
This guidance note discusses the above courses in more detail.
See Overcoming an apparent ademption of a specific gift.
Setting aside the disposal
The guidance note explores the circumstances where a disposal may be set aside and the procedure and evidence required to apply to the court to have the disposal set aside in those circumstances.
See Setting aside the disposal.