Supreme Court warfare regarding alleged gift of medals

John served in the Navy between 1940 and 1945. He earned several war medals for his courageous service.

When John died in 1975, his widow gave his war medals to their eldest son, Matthew. Matthew treasured the medals and kept them all his life. He was a keen attender of Anzac day ceremonies and proudly wore the medals during these occasions.

When Matthew recently passed-away, his will left the whole of his estate to his only child, Wendy. Matthew’s will made no specific mention of the medals.

Matthew’s brother, Gary says that Matthew gave him the medals before his death and says they do not pass to Wendy under the will.

Unfortunately, the matter proceeds to determination in the Supreme Court and is registered in the Probate list.

Gary gives evidence that he and Matthew often attended military ceremonies together and following the last dawn service that they attended, Matthew said to him; “The medals are now yours. Keep them safe.”

Gary says that he should receive the medals because it was “family tradition”. He also says that at Matthew’s funeral, Wendy promised to give him the medals.

The Court notes that Gary did not have a clear recollection of the alleged conversations regarding the medals and in rejecting his version of the events, infers that Matthew had in fact asked Gary to act as a mere temporary custodian of the medals.

The Court states that Gary had not established that there was “intention” to make a gift of the medals, that there was “acceptance” of the gifts, nor “delivery” of the gifts.

Gary is ordered to deliver the medals to Wendy and declares her as the legal owner.

On the basis of the ruling, the Court encourages Wendy to allow family members to borrow the medals for military ceremonies.

The Court also exercises its discretion to cap the legal costs that Wendy can recover from Gary at just $2,500.

This fictional column is only accurate at today’s date and is not legal advice.