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Division 2 (in particular, section 18) of the Succession Act 2006(NSW) allows the Court to authorise wills to be made, altered or revoked for persons who do not have testamentary capacity , whilst they are still alive (s18(3)) – this includes a minor who does not have the capacity to make a Will (s1...
Overview
Wills and Estates can be a particularly complex area of law, especially where multiple family provision claims are being made. In the case of Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713, a number of issues were raised including two family provision claims, and whether a s...
We often hear people say “I’ve been putting off my will for such a long time!” But what happens if you put it off for too long and you don’t have the opportunity to have your will prepared by a solicitor, or even if you write your own Will without the benefit of obtaining legal advice, in the hope t...
It can be hard when preparing a Will to determine whether or not the testator ought to leave a token legacy for those people whom they believe would otherwise make a claim on their estate. This case is an example of the possible orders a court will make where it is satisfied that the main beneficia...
In a judgment handed down on 30 April 2019, the Court of Appeal has allowed an appeal by the adult children of a deceased man for further provision from his Estate.
The Case:Â Â Squire v Squire [2019] NSWCA 90 (30 April 2019)
The Family – In this case, the deceased had three adult children and had
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Something we get asked all the time is, “what do I have to do now that I’m executor?”. Whilst people generally realise they need to attend to estate tasks like arranging funerals, applying for probate and generally administering the Estate of the deceased, they do not always realise all that goes i...
Choosing who you want to administer your Will once you have passed is an important decision. Whoever you choose will be responsible for managing your estate and all the assets and liabilities contained therein. The role of executor is that of a fiduciary (i.e. a position of trust), which means there...
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 died int...
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 disclosur...
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.
- 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...
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.
