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...
The Supreme Court of New South Wales' decision in Cong v Shen (No 3) [2021] NSWSC 947 addresses complex issues surrounding the administration of estates, the role of executors, and the application of equitable doctrines such as resulting trusts and the presumption of advancement. This case provides ...
In the recent New South Wales Court of Appeal decision Thynne v Sheringham [2023] NSWCA 181, the Court has once again clarified the complex intersection of mutual wills, constructive trusts, and caveatable interests. This case offers valuable lessons for estate planners, beneficiaries, and practitio...
Section 100 of the Succession Act 2006 (NSW) plays a pivotal role in family provision proceedings by allowing certain statements made by a deceased person to be admitted as evidence. This provision enables the court to consider the deceased's intentions and reasons for their testamentary disposition...
When it comes to managing family assets, especially after the death of a loved one, disputes can quickly escalate — particularly when promises and expectations clash with documented legal arrangements. The recent decision in Maria Di Giannantonio v Michael Di Giannantonio [2025] NSWSC 346 offers a t...
The Estate of Mimi Milka Jaksic (Berger) [2025] NSWSC 253
Court decisions serve as timely and practical reminders — both for legal practitioners and for clients — of the real-world consequences when estate planning documents are not clearly prepared, stored or communicated. As law
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Losing a loved one is never easy, and legal disputes over their estate can add further stress for grieving families. Tensions often arise when a family member has been living in the deceased’s home for many years and expects to remain there, even if the will does not explicitly gra...
In New South Wales, an "eligible person" making a claim on a deceased estate needs to establish that inadequate provision was made by the deceased for the claimant's "proper maintenance, education or advancement in life" (section 59 of the Succession Act). If the claimant has already been provided ...
Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal pr...
Powers of Attorney are legal instruments that allow an individual (the principal) to appoint another person (the attorney) to manage their financial and legal affairs. While the Power of Attorney is a vital tool for estate planning, its misuse can lead to significant legal disputes. This blog explor...
Hildebrandt v Papakonstantinou [2024] NSWSC 1181 (19 September 2024)
 In a recent case decided by the New South Wales Supreme Court, the plaintiffs sought relief based on the doctrine of proprietary estoppel and, alternatively, a family provision order in relation to a rural property owned by their...
Pillinger v Lees [2024] NSWSC 1067 (23 August 2024)
The Supreme Court of New South Wales last week ruled on a family provision claim brought by a spouse against the estate of her late husband. This case, under Section 59 of the Succession Act 2006 (NSW), focused on whether sufficient provision was ...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.
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