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Contested Estates August 26, 2020

Informal wills in new south wales

Informal wills in new south wales By Martin Pooley, Senior Associate In the vast majority of estates, the deceased person leaves a validly executed will that is a document in writing which has been signed by the testator (or some other person in the presence of and at the direction of the testator) before two […]

Contested Estates August 26, 2020

Family provision claims in NSW by widows who are left an annuity

Family provision claims in NSW by widows who are left an annuity By Martin Pooley, Senior Associate Tony Atkinson at Diamond Conway has recently been involved in Supreme Court and Court of Appeal proceedings in the case of Steinmetz v Shannon [2019] NSWCA 114 (17 May 2019) which raised very interesting questions about widows who […]

Contested Estates August 26, 2020

Court authorised wills in NSW for persons who lack testamentary capacity

Court authorised wills in NSW for persons who lack testamentary capacity By Martin Pooley, Senior Associate Introduction Prior to 1 March 2008 the Supreme Court of NSW had no power to authorise a will to be made for a person lacking testamentary capacity.  Problems arising from this situation included: A person who had made a […]

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’.

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Sydney NSW 2000

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Email: estatelaw@diamondconway.com.au
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