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
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
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
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
