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Informal wills in new south wales
Informal wills in new south wales By Martin Pooley, Senior Associate In the vast majority of estates, the deceased person leaves a validly executed will that is a document in writing which has been signed by the testator (or some other person in the presence of and at the direction of the testator) before […]
Family provision claims in NSW by widows who are left an annuity
Family provision claims in NSW by widows who are left an annuity By Martin Pooley, Senior Associate Tony Atkinson at Diamond Conway has recently been involved in Supreme Court and Court of Appeal proceedings in the case of Steinmetz v Shannon [2019] NSWCA 114 (17 May 2019) which raised very interesting questions about widows who […]
Court authorised wills in NSW for persons who lack testamentary capacity
Court authorised wills in NSW for persons who lack testamentary capacity By Martin Pooley, Senior Associate Introduction Prior to 1 March 2008 the Supreme Court of NSW had no power to authorise a will to be made for a person lacking testamentary capacity. Problems arising from this situation included: A person who had made a […]
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 […]
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 may […]
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 […]
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 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.
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.
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 .
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