Estate planning aims to provide certainty, preserve family wealth, and support generational transition. Where family relationships deteriorate, these arrangements may become the subject of litigation. McLennan v Kennedy [2026] NSWCA 102, by his tutor, illustrates the legal complexities that can arise when elderly parents seek to reverse established succession plans following changes in family relationships. Background: …
Enforceable Promise Does Not Automatically Mean the Whole Estate: Bahnik v Budimir [2025] NSWSC 1595
The Supreme Court of New South Wales in Bahnik v Budimir [2025] NSWSC 1595 considered the application of proprietary estoppel in succession. The decision confirms that establishing and relying on a promise regarding inheritance does not automatically entitle a claimant to the whole of the deceased’s estate. Background Peter Kastropil (the deceased) died intestate in …
Navigating Injunctive Relief: Farrance v Pergol [2026] NSWSC 382
An injunction is a court order restraining a party from specific conduct or, less commonly, requiring positive action. Most injunctions are prohibitory, preventing actions such as property sales, contract breaches, or disclosure of confidential information. Mandatory injunctions, which compel action, are less frequent. Injunctions may be sought on an interim or final basis to protect …
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Storry v Clout [2026] QCA 102: Removing Bankrupt Executors
Clout v Storry [2025] QSC 311 addressed the removal of a bankrupt executor from her late father's estate. The Queensland Supreme Court ordered the appointment of an independent administrator, exercising its power under section 52(2) of the Succession Act 1981 (Qld) to remove and replace a personal representative where required for proper estate administration. John Anthony …
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Lifetime Gift & Will Construction: Tanner v Tanner [2026] NSWCA 100
The Court of Appeal addressed whether a parent can require a substantial benefit given to a child during their lifetime to be brought into account when dividing the estate under a Will. In the Estate of Tanner [2025] NSWSC 1078, John Andrew Tanner (the plaintiff) sought a declaration on the proper construction of the Will …
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Disputes Over Funeral Arrangements: Morgan v Morgan [2026] NSWSC 539
In State of New South Wales v Gill (2024) 115 NSWLR 536; [2024] NSWSC 1263, Lindsay J expressed that there is no proprietary right in a human body after death, as established in Doodeward v Spence (1908) 6 CLR 408, that ownership cannot be attributed to a corpse. Consequently, an individual cannot dispose of or …
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Powers of Attorney Act 2003: Implications from Singer v No Defendant [2026] NSWCA 38
Re A Power of Attorney [2025] NSWSC 1006 involved an elderly principal (the donor) who in 2017 executed an instrument appointing Simon Singer (the applicant), a relative of the principal, as attorney, intending the instrument to operate after the principal lost capacity. 38 Advice or directions concerning reviewable powers of attorney (1) An attorney under …
Stultification in Williment v Waters (No 2) [2026] NSWCA 76
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, …
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The ‘rather tortured procedural history’ of Di Giannantonio by his tutor Tucker v Di Giannantonio [2026] NSWCA 69
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 …
Polites v Salkanovic [2025] SASCA 74 & limited grants of administration
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 …
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