Succession law explained
In New South Wales case law, 'stultify' (or 'stultification') describes a situation where a court order, typically an order for security for costs, effectively prevents or hampers a party, often an impecunious plaintiff, from pursuing their legal rights. The principle states that courts should not issue orders that make it impossible to continue legitimate proceedings, …
Continue reading "Stultification in Williment v Waters (No 2) [2026] NSWCA 76"
Maria Di Giannantonio v Michael Di Giannantonio [2025] NSWSC 346 highlights the complex intersection of succession law, family conflict, asset control, and contractual enforcement within family estates. The appeal arose from a long-running dispute following the death of Michele Di Giannantonio in 2009, whose estate was left entirely to his widow, Maria, (the Respondent) under his …
Urgent action may be necessary in estate administration before a general grant of probate or administration is obtained. If delay risks loss or prejudice to the estate, the court may issue a limited grant to address the immediate need. This note examines litigation grants (ad litem) and outlines how courts prioritise protection of estate interests …
Continue reading "Polites v Salkanovic [2025] SASCA 74 & limited grants of administration"
Can a friend contest a Will in NSW? In New South Wales, the Succession Act 2006 (NSW) gives priority to spouses and relatives in estate claims. Friends do not have automatic standing to contest a Will. To be eligible, a friend must satisfy more stringent criteria and demonstrate that their relationship with the deceased extended …
Legal fictions are assumptions created by courts or legislation that are treated as legally true, even where they do not reflect factual reality. They exist to make the legal system workable, preserve fairness, and allow legal rules to operate where strict factual accuracy would create uncertainty or injustice. A common example is corporate personhood, where …
Continue reading "Understanding Legal Fictions: Key Concepts Explained"
Disputes over the validity of a Will often turn on two closely connected questions: whether the testator had the necessary mental capacity, and whether they truly understood and approved the document they signed. The courts continue to approach these issues through the enduring framework established in Banks v Goodfellow LR 5 QB 549, at 565, …
Continue reading "Saeedi v Pastrello[2026] ACTCA 10: Probate Dispute Insights and Video Evidence"
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 …
Continue reading "Pizzolato v Marques [2024] NSWCA 100: Delay and the Doctrine of Laches"
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 …