A family provision claim does not authorise the court to equalise distributions between children. Section 7 of the Inheritance (Family Provision) Act 1972 (SA) requires the court to determine whether an eligible applicant has received adequate provision for proper maintenance, education, or advancement in life, having regard to their circumstances and the statutory criteria. In …
Estate of Titterton [2026] ACTSC 398: Cy Pres, Rectification & Judicial Advice
In the ACT, the Supreme Court may redirect charitable trust property under a cy-près scheme where the original charitable purpose cannot be fulfilled due to impossibility, impracticality or unlawfulness. Cy-Pres Scheme Cy-près means "as near as possible" and derives from Old French. A cy-près scheme requires evidence of a general charitable intention, not one limited …
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The Wife Who Never Existed: Romance Fraud, a Forged Marriage and an Unusual Inheritance Dispute
Can someone who never existed inherit under a Will? In the Will of Clifford Stanley Perrin [2026] QSC 247 examines the consequences of online romance fraud and a testamentary gift to an imaginary spouse. Severance of a testamentary gift based on a false assumption A testamentary gift may be invalidated where made following the deception …
Estate of Tanner [2025] NSWSC 1078; Tanner v Tanner [2026] NSWCA 100: an earlier transfer must be brought into account
Hotchpot operates to bring a benefit received by a beneficiary during the testator's lifetime into account when determining that beneficiary's entitlement under the Will. The principal difficulty arises in valuing non-monetary benefits. Where the earlier benefit is property, questions include the appropriate value to attribute, the relevant valuation date, and whether tax or other liabilities …
Freeman v Freeman [2026] NSWSC 1127: Unsustainable Family Provision Claim Dismissed
Singer v Berghouse(1994) 181 CLR 201 remains a foundational authority in Australian family provision law. Decided by the High Court on 14 September 1994, the case established the familiar two-stage approach to determining whether a person has been left without adequate provision from a deceased estate and, if so, what further provision should be made. …
WXW v KZY & Anor [2025] QSC 138: Extrinsic Evidence in Will Interpretation
In Australia, "construing a Will" is the legal process of determining the true meaning and intention of a deceased person’s Will when its language is ambiguous, unclear, or contradictory. When executors or beneficiaries disagree on what a clause means, they can apply to the Supreme Court of their state or territory for a "construction suit" …
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The Estate of the late Wilma Annette Pusterla [2026] NSWSC 951: Capacity, Knowledge, and Approval
Testamentary capacity, knowledge, and approval are distinct requirements in probate law. Testamentary capacity refers to the legal and mental ability to make or alter a valid Will. The testator must understand the nature and effect of making a Will, the extent of their assets, and potential beneficiaries' claims. Knowledge and approval require that the testator …
The Will maker did not make a free and fully informed decision: Chalik v Chalik [2025] NSWCA 136
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant), the deceased’s husband having predeceased her in 1995. At the time of her death, the deceased had dementia, was residing in a nursing home, and …
Narciso v Narciso & Ors [2026] SASCA 99: Standing, Evidence and an Insolvent Estate
Narciso v Narciso & Ors [2026] SASCA 99 confirms that dissatisfaction with a deceased person's arrangements does not, on its own, justify a challenge to a Will or an inter vivos property transfer. An applicant must establish standing, articulate a legally sustainable claim, provide supporting evidence, and show that the proceedings could result in a …
Understanding Detriment in Proprietary Estoppel: Pérez de la Sala v Pérez de la Sala [2026] NSWCA 160
Perez de la Sala v Pérez de la Sala (No 5) [2026] NSWSC 556 concerned an application by Maria-Christina Pérez de la Sala (the plaintiff) for leave to amend her statement of claim to replead a proprietary estoppel claim previously struck out in Pérez de la Sala v Pérez de la Sala (No 4) [2026] …