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...
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 ...
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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