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Wills and Estates

Family Law Wills and Estates November 7, 2016

Family provision claims by grandchildren in NSW

Family Provisions claims made by grandchildren have no guarantee of success even where there has been some level of dependency on the grandparent. These claims are complex and expert advice is needed to assess whether there are any genuine prospects of succeeding.

Wills and Estates October 19, 2016

CY-PRÈS SCHEMES

This paper provides a brief overview of the law and procedures in New South Wales relating to variation “cy-près ” of the provisions of a charitable trust where the charitable purpose has failed.

Wills and Estates September 29, 2016

Disposing of your assets before your death will not always defeat claims against your estate

This paper addresses situations where a court in NSW has the power to look to assets outside of the deceased’s estate in order to be able to make a Family Provision order .

Wills and Estates August 24, 2015

Video Will Admitted To Probate For First Time In NSW

In the recent case of Re Estate of Wai Fun Chan [2015] NSWSC 1107, decided on 7 August 2015, the NSW Supreme Court granted probate of a ‘video will’.

Wills and Estates August 21, 2015

The 25 Million Dollar Question

What Does The Decision Of Mead V Lemon Mean For Future Family Provision Claims?

It is not often that an award of $25 million to an individual is referred to as merely a “rounding error”. However, Master Sanderson did just that when delivering his judgment in Mead -v- Lemon earlier this year. This Western Australian Supreme Court matter attracted considerable media interest due to the sums of money and the families that were involved, as the case gave the general public an insight into the immense wealth of the Wright-Hancock business partnership. As His Honour stated, “it is difficult for most people to comprehend such wealth.”

Proving a De facto relationship in the Family Courts

When the Federal government introduced the Family Law Amendment (De Facto Financial Matters and other Measures) Act 2008 (Cth) it signified an important recognition of the rights of de facto spouses in the Family Law jurisdiction. The legislation served to confer on same-sex and opposite-sex de facto couples the same rights enjoyed by married couples […]

Estranged Children Make Successful Claim Against Fathers Deceased Estate

Children Estranged From Their Father For 21 Years After Father’s Divorce Make Successful Claim Against His Deceased Estate In the recent Supreme Court decision in Poletti v Jones [2014] NSWSC 715 (4 June 2014) two daughters who were estranged from their father for 21 years after he divorced their mother successfully brought a family provisional […]

Family Law Wills and Estates April 23, 2015

Prospective Inheritances in Family Law Property Proceedings

This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]

Family Law Wills and Estates April 16, 2015

Release of Rights to Family Provision Claims

While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom. The Act confers on certain individuals a statutory right to make family provision claims out of the testator’s estate, contrary […]

Wills and Estates March 25, 2015

Defence of Family Provision Claims

An executor (and an administrator in the case of intestacy) has a duty to defend family provision claims brought against the estate. In this article we look at what this involves in New South Wales. Family provision claims Certain people, including a spouse and a child of a deceased person, and a person who had […]

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