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 … [Read more...] about Life Estates and Will Disputes – Ng v Lau; In the Estate of Ken Kui Yuen Lau  NSWSC 713
Kovac v Chanak  NSWSC 1023 (31 July 2017) The case 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 … [Read more...] about DISPUTING A BURIAL PLOT LICENCE
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 … [Read more...] about CAN YOU PREVENT A CLAIM?
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 … [Read more...] about WHAT ARE MY DUTIES AS AN EXECUTOR?
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 … [Read more...] about Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation
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 … [Read more...] about Another successful claim by an adult child for further provision from their parent’s estate
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 … [Read more...] about Selling the deceased’s home prior to probate being granted
A recent Supreme Court decision (Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin  NSWSC 10) has highlighted the rights that former spouses may have to make a claim on a deceased’s estate – … [Read more...] about Can a former spouse make a claim on my estate?
When there are drastic changes in the content of the will of a deceased just prior to their death, a number of potential issues arise which need to be addressed in the administration of the deceased’s … [Read more...] about When a deceased drastically changes their will just prior to their death.
In the recent case of Baird v Harris, the Supreme Court of New South Wales certainly thought so. This case concerned the estate of a deceased man who had 2 adult children, one of whom suffers … [Read more...] about Does a disabled adult child have the right to claim against their parent’s estate?