McFee v Reilly [2018] NSWCA 322
- casetreasury
- Jul 29, 2024
- 1 min read
Facts: Farmer executed will leaving one of his properties to his 4 daughters and intending to leave a second property to his son, who worked the farm. There was a clerical error in the will that was rectified by court. Farmer became mentally incapacitated. Wife, with power of attorney, sought estate planning advice from lawyer. She exercised her power to transfer the second property to the 4 daughters. This was in breach of her fiduciary duty of attorney.