Succession law explained
The New South Wales Court of Appeal in Pizzolato v Marques [2024] NSWCA 100 reinforces that delay alone seldom defeats a beneficiary’s entitlement, especially if a trustee has not fulfilled their duties. The Doctrine of Laches Laches is an equitable defence preventing claims when a claimant's unreasonable delay causes prejudice to the defendant. Generally in …
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In New South Wales, property held solely or as tenants in common by the deceased forms part of the estate and is distributed according to the Will. In contrast, property held as joint tenants passes automatically to the surviving owner on death and does not form part of the estate for testamentary disposition. Survivorship Under …
Rule 680A of the Supreme Court Rules 2000 (Tas) outlines how to appeal judgments by an Associate Judge. This applies in the Supreme Court of Tasmania. Rule 680A establishes a structured review pathway encompassing both procedural and substantive determinations. Importantly, the rule adopts an expansive definition of "judgment" encompassing any decision, order, or determination made …
The estate of Mimi Milka Berger provides a recent example of the court's approach to missing original will. It illustrates how the Court handles informal testamentary document. The case also shows the evidentiary limits of the presumption of revocation. The law presumes that if the executor can not locate the original will, the testator destroyed …
What is a Family Trust? A discretionary trust is often called a family trust when the beneficiaries are related by blood. It is one of the most common trust types in Australia. It holds properties for beneficiaries who are given discretionary authority over the distribution of income. A trust is a relationship: In this relationship, …
Analysis of the interaction between remote witnessing regimes and informal Will doctrines, as technological change is accelerating the erosion of formal validity requirements in succession law. On 12 May 2020, the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 (the Regulations) came into force in Victoria. The Regulations allowed for the electronic signature …
In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the Court illustrated its readiness to intervene when estate administrators misuse their position. It steps in to correct the misapplication of estate funds. Slattery J of the Supreme Court of New South Wales addressed serious maladministration by an estate administrator. Background After the death …
When the executor fails to administer the estate. Civil Contempt In AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98;[1986] HCA 4, the High Court (Gibbs CJ, Mason, Wilson and Deane JJ) commented on the development of a distinction between civil and criminal contempt (at 106): “The distinction, not recognised in Scotland, which has …
MCINERNEY v D'ORTENZIO (FORMERLY O'DEA) & ORS [2026] SASCA 7 James Vincent McInerney (the first respondent) applied for probate of the 25 January 2019 Will. Alternatively, he applied for the 26 December 2018 Will. The second respondent is the Catholic Church Endowment Society Incorporated. The third respondent is Dr Harold Lane. They contended that the …
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Liam Payne: Intestacy and Estate Administration Liam Payne died in October 2024 at age 31 without a valid Will. His estate is affected by the UK intestacy rules. These are primarily set out in the Administration of Estates Act 1925. Related statutes also play a role. These rules govern the administration and distribution of an …
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