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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

contested estate, inheritance, Testamentary capacityLeave a comment

You can’t just agree to ignore a will

May 15, 2020May 15, 2020 leah@lslegal.com.au

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

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

contested estate, family provision, inheritance, minor child

Minor child unsuccessful

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

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

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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