Wills and Estates

Knowledge & Approval of Contents of Will

DISPUTES AS TO THE VALIDITY OF A WILL IN NSW – TESTAMENTARY CAPACITY AND KNOWLEDGE AND APPROVAL OF THE CONTENTS OF A WILL By Martin Pooley, Senior Associate Disputes in relation to the validity of a will may arise because there are issues as to: the due execution of the will: whether the deceased had […]

Guardianship and Financial Management Applications in NSW

Guardianship and Financial Management applications in NSW By Martin Pooley, Senior Associate The guardianship division of NSW Civil and Administrative Tribunal (“NCAT” or “the tribunal”) deals with applications made in respect of people who are incapable of making their own decisions and who need someone to be appointed to make decisions on their behalf.  The […]

Claims Made By Adult Children Of An Earlier Marriage

FAMILY PROVISION CLAIMS IN NSW MADE BY ADULT CHILDREN WHERE THEIR PARENT HAS RE-MARRIED AND MAY HAVE CHILDREN FROM THE 2ND MARRIAGE By Martin Pooley, Senior Associate With the frequency of divorce and the general increase in life expectancy of people in Australia, second marriages are not uncommon. The problem that exists for children of […]

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?

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 […]