Yet again, the Supreme Court has dealt with the issue as to whether provision should be made from a deceased estate for a person who claims to have been the deceased's de facto partner, or some other form of "eligible person", for that person's future maintenance, education or...

Not only can an estate challenge be made by someone who is a blood relative of the deceased (so long as they satisfy one of the categories of relatives set out in the definition of “eligible person”, as defined in section 57 of the Succession Act 2006 (NSW)), but it can...

Case:

Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)

This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012.  At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings),...

If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of kin.

The Supreme Court decision of Dragarski v Dunn [2019] NSWSC 300 dealt with a deceased who had...

CASE UPDATE: The Supreme Court of New South Wales has recently handed down a decision (Stone v Stone [2019] NSWSC 233) stressing the need for participants to Family Provision proceedings to make full and frank financial disclosure to the Court, and to the other parties. This means complete...

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...