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Leah Sewell

willdisputesnsw.com

It's Not Fair!

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Category: family provision

family provision, life estate, Spouse

Balancing the wants of the widow against children’s entitlement

February 13, 2023February 18, 2023 leah@lslegal.com.au

In the matter of Clarke v Clarke, a widow succeeded in her claim for family provision against the two children of the deceased. Background The widow was the second spouse of the deceased. The deceased had two children from a … Continue reading Balancing the wants of the widow against children’s entitlement

contested estate, family provision, inheritance, Testamentary capacity

Will overturned but at what cost?

January 31, 2021January 31, 2021 leah@lslegal.com.au

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?

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

contested estate, family provision, informal willLeave a comment

Recommended by Doyle’s Guide 2020

August 25, 2020August 25, 2020 leah@lslegal.com.au

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

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…

contested estate, family provision, inheritance, life estate, SpouseLeave a comment

Life Interest Not Enough

June 24, 2020June 24, 2020 leah@lslegal.com.au

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

contested estate, family provision, former spouseLeave a comment

Ex-wife fails in attempt to claim from husband’s estate

June 9, 2020June 9, 2020 leah@lslegal.com.au

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

contested estate, de facto partner, family provision, inheritanceLeave a comment
evidence of relationship

Claim fails due to insufficient evidence of relationship

May 22, 2020May 22, 2020 leah@lslegal.com.au

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

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

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