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Contested Estates December 10, 2017

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough?

Making a family provision claim in NSW against the estate of a parent you barely knew.  Is the mere fact of paternity enough? By Martin Pooley, Senior Associate   Even where a child was unaware of the existence of one of their parents for most, or all of their lives, and there is little or […]

Contested Estates December 10, 2017

Family Provision Claims By Former Wives Or Husbands Of A Deceased Person in NSW

Family Provision claims by former wives or husbands of a deceased person in NSW By Martin, Senior Associate   Eligibility Former wives or husbands of a deceased person are eligible to apply for provision from the estate of their late former spouse pursuant to section 57(1)(d) of the Succession Act 2006.  The fact that they […]

Contested Estates December 10, 2017

Family Provisions Claims by Widows in NSW

Family Provision Claims by Widows in NSW By Martin Pooley, Senior Associate   Where a Court is considering whether to make a family provision order for a widow and what order, if any, ought to be made, the question for the court as set out in s59 of the Succession Act 2006 is whether the […]

Contested Estates December 7, 2017

Family Provision Claims by Adult Children in NSW

Family Provision Claims by Adult Children in NSW By Martin Pooley, Senior Associate   Even where an adult child is living an independent life and may own a home, has other assets, has the support of a spouse or partner, and is capable of meeting his or her day to day financial commitments, that financial […]

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.

CY-PRÈS SCHEMES

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.

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 […]

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