Recent News

Probate Recent News August 24, 2015

Video Will Admitted To Probate For First Time In NSW

In the recent case of Re Estate of Wai Fun Chan [2015] NSWSC 1107, decided on 7 August 2015, the NSW Supreme Court granted probate of a ‘video will’.

Estate Planning Recent News August 21, 2015

The 25 Million Dollar Question

What Does The Decision Of Mead V Lemon Mean For Future Family Provision Claims?

It is not often that an award of $25 million to an individual is referred to as merely a “rounding error”. However, Master Sanderson did just that when delivering his judgment in Mead -v- Lemon earlier this year.

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 […]

Estate Planning Recent News February 17, 2015

Enduring Guardians

What is an Enduring Guardian? An enduring guardian is someone who is empowered to make decisions for you on a range of lifestyle issues such as: where you live (such as a specific nursing home, or your own home); the health care you receive; other personal services you receive (eg. podiatry, physiotherapy); and medical and […]

Estate Planning Probate Recent News November 24, 2014

The Short Lives Of Testamentary And Family Trusts

Trusts, which are colloquially known as “testamentary” or “family trusts” have one thing in common. That is that the Trustee can pick and choose from within a wide group of beneficiaries how to distribute the trust income and capital from time to time. This provides significant opportunity for a reduction of various taxes, protection from […]