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Category: Claim by adult child

Claim by adult child, contested estate, family provision, inheritance
recording conversation

Secret Recording of Testator Admissible

October 27, 2020October 27, 2020 leah@lslegal.com.au

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

Claim by adult child, contested estate, family provision, inheritanceLeave a comment

Little Provision Not Enough

September 13, 2020September 13, 2020 leah@lslegal.com.au

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

Claim by adult child, contested estate, family provision, inheritance, notional estateLeave a comment

13 years too late after all…

July 21, 2020July 21, 2020 leah@lslegal.com.au

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…

Claim by adult child, contested estate, family provision, inheritanceLeave a comment

Son’s changing needs after father’s death results in successful claim

May 12, 2020May 14, 2020 leah@lslegal.com.au

Adult son successful in claim against Estate after suffering significant change in his health after the deceased’s death. Continue reading Son’s changing needs after father’s death results in successful claim

Claim by adult child, family provision, inheritanceLeave a comment

Estranged adult son fails at first hurdle

April 27, 2020May 12, 2020 leah@lslegal.com.au

Deceased estranged from all children at various times, but reconciled with two. After seeing solicitor did not make a will. Court found had died intestate by design; estranged child made claim but was unsuccessful as could not establish inadequate provision. Continue reading Estranged adult son fails at first hurdle

Claim by adult child, contested estate, family provision, inheritanceLeave a comment

13 years late…no problem!

March 11, 2020May 12, 2020 leah@lslegal.com.au

Lindsay J recently made an order for further provision for an adult child who claimed against the Estate of her late father, despite the fact that he had died some 14 years previously. The daughter made the claim within 12 … Continue reading 13 years late…no problem!

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