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...

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...

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...

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 ...

All legal dealings, especially when they are between friends and family members, should be documented - which will be helpful if a dispute ever arises (or even, as in this case, one of the parties dies and the family needs to understand the nature of the dealing).  The Supreme Court of New South Wal...