The term "Crisp order" refers to the principal established by the 1979 Supreme Court of New South Wales decision, Crisp v Burns Philp Trustee Company Ltd.  The principle relates to family provision cases, where a person who satisfies the definition of "eligible person" makes a claim against the esta...

CASE UPDATE

Last week, the New South Wales Supreme Court considered the issue whether the words "my children", when used in the context of the deceased's Will, included a child that the deceased adopted out shortly after he was born (see John Hamilton Condon v Simon Anthony Tonkinn [2018] NSWSC 449...

If you are the beneficiary of a Will it is important to know what your rights are in regards to obtaining and protecting your entitlement.

1. Right to Information

You have the right to be kept informed of factors concerning probate and distribution of your entitlement under the Will.  This does n...

The recent case of Ryan v Dalton highlights the role of testamentary capacity when making a will.  The case emphasised that there is a burden on the proponent of the will to demonstrate to the court that the last will created was made by a “free and capable” testator.

Background facts

Francis Jame...

An enduring power of attorney is a powerful document.

In the case of Szozda v Szozda [2010] NSWSC 804, the Supreme Court explained 2 fundamental questions that clients should ask themselves when making an enduring power of attorney:

"First, is it to my benefit and in my interests to allow another ...

On 10 August 2017, the Supreme Court yet again made an order in favour of an adult child who claimed for a larger share of their deceased parent's estate, under the family provision laws: Towson v Francis [2017] NSWSC 1034

The family

The person making the claim was one of 3 adult children whose mo...

It is not uncommon these days for couples to travel overseas to get married in an exotic location like Thailand or Hawaii or Bali (or even Las Vegas with an Elvis celebrant!), but care must be taken if a second ceremony takes place back home in Australia, mainly for the benefit of those loved ones w...

It is not uncommon that the most significant asset of a Deceased’s Estate is their home.  It is also not uncommon that there are a number of beneficiaries entitled to a share of the Estate, which will of course require the Deceased’s home to be sold and the proceeds of the sale distributed between t...

Clients often ask us who is entitled to see a copy of a Will (and obtain a copy of the Will) once the testator has passed away.

The answer can be found in section 54 of the Succession Act 2006 (NSW), which provides a list of categories of persons entitled to inspect the Will:

• anyone named in the
...

Blended families and step-families are becoming increasingly common in Australia, creating new and additional estate planning needs and concerns which must be addressed.

What is a blended family?

A blended family is a family where one or both of the partners in the relationship have a child or chi...

For a whole variety of reasons, some clients choose to leave close family members out of their Wills.  Sometimes it’s because of a long-standing family conflict, sometimes because they feel that a particular family member does not need as much financial assistance as other family members.

Anyone wh...

A recent Supreme Court decision (Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10) has highlighted the rights that former spouses may have to make a claim on a deceased’s estate – particularly if the estate is substantial and the Court finds that the deceased had a moral obligation ...