For decades, David Stone dedicated himself to managing a 100-acre farm in Colo, northwest of Sydney, believing that one day it would be his—a promise made by Harry Kramer, the late husband of esteemed academic Dame Leonie Kramer. But when Dame Leonie passed away in 2016, her will left the property to her daughter, Hilary, with no mention of Stone. Feeling betrayed, he took the matter to court, arguing that he had worked for years at a lower wage because he trusted in the promise that the farm would eventually belong to him.
Among those closely watching the case was Andrew Meiliunas, an associate director at Nevett Ford. He recognized the significance of what was unfolding, knowing that this decision could impact countless families and estates in the years to come.
With over 17 years of experience at some of Australia’s leading wills and estates firms, Andrew Meiliunas specialises in wills, estates, trusts, and financial elder abuse disputes. He is a dedicated advocate for protecting the rights of vulnerable older Australians, with a strong focus on addressing financial elder abuse. Andrew is a trusted expert in this field, providing strategic legal advice with compassion and care. He is also an active member of the Law Institute of Victoria’s Succession Law Executive Committee and sits on La Trobe University’s Course Advisory Committee for its Bachelor of Laws (Hons) and Juris Doctor programs.
When the ruling finally came, it sent shockwaves through the legal community. The High Court upheld Stone’s claim, affirming that the promise made to him was binding. It wasn’t just about what was written in a will—it was about fairness, about not allowing someone to suffer detriment due to misplaced trust.
Meiliunas explained the implications: The court had ruled that even a single representation—one promise—could be enough to establish a legal claim, provided the person who received the promise had relied on it to their own detriment. It didn’t matter if the person making the promise had reinforced it over time or fully understood the consequences of their words. If the promise was made and relied upon, the law could enforce it.
This ruling is expected to open the floodgates for similar inheritance disputes. As Baby Boomers pass on unprecedented wealth, and as families become more complex with blended dynamics and undocumented agreements, cases like Stone’s could become more common.
For Meiliunas and other legal experts, the message is clear: if you want to ensure your intentions are honoured, don’t rely on verbal promises. Get everything in writing. Because as this case has proven, words—when relied upon—can carry the full weight of the law.
If you need expert legal advice on wills, estates, or financial elder abuse matters, Andrew Meiliunas and the team at Nevett Ford can help. Visit https://nevettfordlawyers.com.au/wills-and-estate-lawyers-melbourne/estate-dispute-lawyer/ to learn more about how we can assist you.
More of this story: https://www.thegoldentimes.com.au/high-court-decision-puts-cat-among-inheritance-pigeons/
