Administration of estate - Probate - Administration with will annexed - Whether the Court has the power to clarify vary or alter a previous Court order of a judge of concurrent jurisdiction which has been perfected - Error of omission in previously made order – Rule 42.10(1) - Intention of the Court in previous order - Circumstances associated with the application – Substantial delay in administration of deceased's estate - Interpretation of the words 'permitted to proceed' - Ordinary meaning of word/phrase - Removal and substitution of personal representative – Rule 68.61- Whether to clear
Husband and wife - Claim for entitlement to property - Property (Rights of Spouses) Act S. 2, 6, 7, 13 and 14 - Whether the property was the family home - Ownership test/requirement - Residence test - Applicability of section 14 of the Property (Rights of Spouses) Act.
Real property - Application for beneficial interest in property - Equitable remedies - Constructive trust - Proprietary estoppel - How equity to be satisfied - What effect does the deceased's Will have on the claimant's beneficial interest in the property
Husband and wife purchased property – Property (Rights of Spouses) Act -
Adverse possession - Whether the property is the family home – Whether the
property is matrimonial property – Whether it would be unjust to give each spouse
a 50% share in the property