Family provision claims by grandchildren in NSW
Family Provisions claims made by grandchildren have no guarantee of success even where there has been some level of dependency on the grandparent. These claims are complex and expert advice is needed to assess whether there are any genuine prospects of succeeding.
This paper provides a brief overview of the law and procedures in New South Wales relating to variation “cy-près ” of the provisions of a charitable trust where the charitable purpose has failed.
Estranged Children Make Successful Claim Against Fathers Deceased Estate
Children Estranged From Their Father For 21 Years After Father’s Divorce Make Successful Claim Against His Deceased Estate In the recent Supreme Court decision in Poletti v Jones [2014] NSWSC 715 (4 June 2014) two daughters who were estranged from their father for 21 years after he divorced their mother successfully brought a family provisional […]
Prospective Inheritances in Family Law Property Proceedings
This article deals with how the Court considers prospective inheritances when determining what adjustment to make to the legal and beneficial interest of the property of the parties to the relationship (“the parties’ property”). The article concentrates on prospective inheritances following the breakup of a marriage. The same principles apply when considering the adjustment to […]
Release of Rights to Family Provision Claims
While an individual is free to leave their property as they see fit upon their death, Chapter 3 of the Succession Act 2006 (NSW) (‘the Act’) places a significant restriction on a testator’s testamentary freedom. The Act confers on certain individuals a statutory right to make family provision claims out of the testator’s estate, contrary […]
Defence of Family Provision Claims
An executor (and an administrator in the case of intestacy) has a duty to defend family provision claims brought against the estate. In this article we look at what this involves in New South Wales. Family provision claims Certain people, including a spouse and a child of a deceased person, and a person who had […]
Can a person be left out of a Will?
Children of any age and other eligible persons (as defined under the Succession Act 2006) have the right to make a claim on an estate for provision (or more than they were left under the Will) for their maintenance, education and advancement in life. This is known as a family provision claim. One of the […]
Inheritances: What happens when a relationship breaks down?
When couples separate, they typically need to sort out how to divide their property. This includes both assets and debts. There are a number of ways this can be done. Parties can agree on how to divide their property without any court involvement. These kinds of agreements can be formalised by the court by applying […]
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