Families make promises about property all the time. “Move in and look after the place it’ll be yours one day.” “Do the renovations, and you can live here as long as you like.” These assurances are usually made with real affection and every intention of following through. But intentions change, cir...

When a family member is left out of a will or left with less than they believe is fair, the natural focus is on the merits: was the provision adequate? What were the deceased’s obligations? Who needs what? But there is a second question that is every bit as important and far too often pushed to th...

It is one of the most common questions an estate planning lawyer hears: “Can I move my assets into a trust, or into my son’s name, so that a particular child can’t make a claim when I’m gone? The instinct is understandable; parents want certainty that their wishes will be followed and that a strai...

Most people who sit down to make a will are not trying to be unfair. They are trying to look after the people they love with the resources they have. But good intentions are not the same as a good plan and when the plan depends on something outside the will, such as a life insurance policy, even a t...

Post office will kits are readily available, inexpensive, and widely used. For many people, they represent an appealing solution to a task that is easy to defer, and the assumption that "something is better than nothing" is understandable. However, in our experience, a poorly prepared will can creat...

A South Australian Supreme Court decision from last year, In the Estate of Olive Deane Pepper (Deceased) [2025] SASC 103, offers a timely reminder of the importance of precise language in Will, especially when family relationships are complex. The case involved a dispute over whether an adopted-out ...

When a person dies without a will (intestate), the law provides rules about who inherits the estate. But what happens when a person claims to be the deceased’s de facto partner and wants to either administer the estate or make a family provision claim under the Succession Act 2006 (NSW)? The case of...

The NSW Court of Appeal decision in Bird v Bird [2013] NSWCA 262 serves as a powerful reminder of the responsibilities and legal limitations faced by family members acting as attorneys or executors of a deceased estate. The case, involving the misuse of powers of attorney and the failure of executor...

When informal family arrangements intersect with substantial financial contributions and property ownership, disputes can often arise following the unexpected death of a family member. The Khoury family case, recently dealt with by the Supreme Court of New South Wales, provides a detailed analysis o...

The recent decision in Cotter v Tomassini highlights the complex interplay between estranged family relationships, discretionary trusts, and family provision claims brought under succession legislation. Although this matter was heard under Victorian legislation, the principles examined by the Court ...

When it comes to planning your estate, many people assume that a basic will or a do-it-yourself kit will suffice. But as the Supreme Court decision in Perry v Perry [2021] NSWSC 1669 reveals, inadequate estate planning and a lack of legal guidance can lead to decades of dispute, fractured families, ...

When family and business interests intersect, the consequences can be legally and financially significant. The Supreme Court Court of Appeal decision in Pamplin v Irwin [2024] NSWCA 213 illustrates how informal arrangements, unclear ownership structures, and a failure to document agreements can resu...