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 … [Read more...] about Statutory Wills – for when testamentary capacity is lacking
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
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?
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: Squire v Squire  … [Read more...] about AVOIDING FAMILY PROVISION CLAIMS ON YOUR ESTATE: THINGS TO CONSIDER WHEN PREPARING YOUR WILL
CASE UPDATE: The Supreme Court of New South Wales has recently handed down a decision (Stone v Stone  NSWSC 233) stressing the need for participants to Family Provision proceedings to make full … [Read more...] about Family Provision: Full and Frank Disclosure in Contested Estates
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
For a whole variety of reasons, some clients choose to leave close family members out of their Wills. Sometimes it’s because of a long-standing family conflict, sometimes because they feel that a … [Read more...] about Leaving a relative out of a will
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?
It is certainly a reality that more and more claims these days are being made by aggrieved family members for an increased inheritance once a family member has passed away. Such claims are made … [Read more...] about Keeping your estate out of Court
It is an unfortunate fact of life that family relationships break down - and as a result, the aggrieved family member may alter their Will to remove the other family member as a beneficiary, or only … [Read more...] about Case update – adult children challenging a parent’s estate