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Wills and Estates

Wills and Estates December 11, 2017

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough?

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough? By Martin Pooley, Senior Associate   Even where a child was unaware of the existence of one of their parents for most, or all of their lives, and there is little or […]

Wills and Estates December 11, 2017

Family Provision claims by former wives or husbands of a deceased person in NSW

Family Provision claims by former wives or husbands of a deceased person in NSW By Martin, Senior Associate   Eligibility Former wives or husbands of a deceased person are eligible to apply for provision from the estate of their late former spouse pursuant to section 57(1)(d) of the Succession Act 2006. The fact that they […]

Wills and Estates December 11, 2017

Family Provision Claims by Widows in NSW

Family Provision Claims by Widows in NSW By Martin Pooley, Senior Associate   Where a Court is considering whether to make a family provision order for a widow and what order, if any, ought to be made, the question for the court as set out in s59 of the Succession Act 2006 is whether the […]

Wills and Estates December 7, 2017

Family Provision Claims by Adult Children in NSW

Family Provision Claims by Adult Children in NSW By Martin Pooley, Senior Associate   Even where an adult child is living an independent life and may own a home, has other assets, has the support of a spouse or partner, and is capable of meeting his or her day to day financial commitments, that financial […]

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 […]

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