Homework Question - Property Law Problem Question

[Definex]

Hi, I was doing problem questions for property law and I was curious if anyone could help me figure this out.

Edward was the owner of Blackacre, a Southern Highlands property, which had been in the family for over 100 years. When he died, he left a life estate to his bachelor brother Henry with the remainder in fee simple to his own son Stephen.

Henry drowned. In his will, he left all property to Francesca and made her his executrix. Francesca, who is still in residence, has promptly advised Stephen that she intends to remove all additions from the property or seek compensation for them. Advise Stephen.

Would Francesca inherit the property or Stephen? I'm thinking Stephen because he is the remainderman, but what is the exact case law or statute that can point to this conclusion?

Thank you

 

[Arche]

This is an issue to do with estates and inheritance more than property law per se. You need to look at the relevant legislation and cases in your State or Territory. Do you know how to use Austlii.edu.au? Even googling around the terms you have mentioned might help.

 

[AllForHer]

Forgive me, property law was a long time ago in my degree, so I can't provide the case law without finding my notes, but I'm fairly certain that Stephen would get the property because it belonged to Henry only in life. Upon Henry's death, therefore, it goes back to Stephen, since Edward granted him the remainder in fee simple.

Your University should have a subscription for LexisNexis, and there will be commentary on there about this, providing case law as well.