This is a case about a man missing for 50 years and whether he is presumed dead at law. Decision looks at the difference between presumed death and inferred death. Unable to determine time of death, a challenge in determining whether survived someone to inherit from them. Continue reading Presumption of Death At Law
A family promise about a home in 1965 about what was to happen to it when the owner died upheld by the Supreme Court of NSW in a will dispute. Continue reading Family Promise Made in 1965 Upheld
Many a time we have clients that prepare their wills, and then we do not hear for them for sometime later. We attempt to follow up our clients and remind them that just because they have had the initial appointment … Continue reading A draft will is not a will
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
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
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