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
A contested probate application between two wills. The parties ultimately agreed that the earlier will was the one to obtain probate on, as there was a question about the deceased’s capacity at the time of the later will. Court will not lightly overlook a later will. Continue reading You can’t just agree to ignore a will
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
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
A recent family provision claim made on behalf of a minor child was unsuccessful. The child was the result of a brief relationship, and it appears that the decision to maintain the pregnancy caused the relationship to breakdown irretrievably. The … Continue reading Minor child unsuccessful
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!
