Where the testator has not prescribed a period in the will for a condition to be fulfilled

In Fraser v Fraser [2001] QSC 490 Philippides J said at 12 “where the testator has not prescribed a period within which a condition must be performed, and persons other than the donee are benefited ….. the period allowed is, as a rule, a reasonable period: Williams on Wills, 4th Ed at 291; Halsbury’s Laws of England, 4th Ed Vol 50 at para 387. See also Jarman on Wills, 8th Ed at 1466; Theobald on Wills, 15th ed, at 314. The principle has recently been applied in Miller v Miller (1995) 16 ACSR 73 at 79 and in Watson v Watson [1999] NSWSC 325 at [18], both decisions of the Supreme Court of New South Wales.”


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