A short summary and a quotable quote in the latest blog post. The basic facts are that the deceased suffered a significant brain injury as a child, and needed assistance from his parents for the rest of their lives. He … Continue reading Bewitched by a child…not unduly influenced!
In a decision mid-last year, the Court overturned a will due to undue influence on the testator and a concern that the testator lacked testamentary capacity at the time it was executed. These are traditionally difficult cases to prove, however … Continue reading Will overturned but at what cost?
In a recent interlocutory matter, Rees J found that a recording of a private conversation between daughter and father was admissible in family provision proceedings despite the fact the father did not know the conversation was being recorded. General Principles … Continue reading Secret Recording of Testator Admissible
In a recent Supreme Court decision, Ward CJ has made an order for further provision to an adult daughter of the deceased who had been estranged from her father for many years. The daughter claimed the reason for the estrangement … Continue reading Little Provision Not Enough
I am proud as punch to announce I’ve been recognised as a “Leading Wills & Estate Litigation Lawyer” for NSW in 2020. I am listed in the ‘Recommended’ category. I’m also pleased to announce my firm has also been recognised … Continue reading Recommended by Doyle’s Guide 2020
Moving away from contested wills and family provision cases, this one is about a dispute as to how to dispose of someone’s remains. These are particularly sad cases, as it means the intense grief period following death is compounded or … Continue reading Burial Rights – Battle between Mum & Wife
Court of Appeal overturns the decision of Lindsay J that permitted a child to claim against their parent’s estate some 13 years out of time Continue reading 13 years too late after all…
The Court recently ordered that a life interest in a property be made a flexible life interest by way of a ‘Crisp’ order. Facts The deceased had prepared a will that left everything to his only child from his first … Continue reading Life Interest Not Enough
Decisions coming from the Supreme Court have been a little on the quiet side, no doubt due to the impact of COVID19. We are busy as ever, and a current matter has caused me to revisit some of the cases … Continue reading Ex-wife fails in attempt to claim from husband’s estate
Plaintiff fails in her claim that she was a de facto spouse of the deceased. Court found she was not an eligible person as insufficient evidence provided as to the nature of the relationship with the deceased. Continue reading Claim fails due to insufficient evidence of relationship