In the estate of Johann Elizabeth Miller [2026] ACTSC 276, Johann Elizabeth Miller died on 6 January 2023, aged 70. The deceased had two children: Leanne Jane Randall (the applicant) and Darren, who predeceased her and was survived by three children: Tayla, April, and Jack-Joseph (the first, second, and third defendants). If a valid Will …
Impact of Adoption Discharge on Succession Rights: Lise v Boulton [2026] QSC 176
Lise v Boulton [2026] QSC 176 considers whether the discharge of an adoption order restores eligibility to claim family provision from a biological parent's estate. Eligibility is a threshold requirement in family provision proceedings. Most disputes concern the status of a spouse, de facto partner, or dependant. The impact of historic adoption orders on eligibility is …
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Howell v Kelly (No 2) [2026] NSWSC 753: Trust, Right to Reside, Indemnity Costs, Costs Discount
Saunders v Vautier [1841] EWHC J82 confirmed that, where all beneficiaries of a trust are adults and not under any disability, they may require the trustee to transfer the legal estate and bring the trust to an end. This principle, known as the rule in Saunders v Vautier, has been affirmed in later common law decisions. Richard Wright established the …
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Commissioner of Taxation v Bendel [2026] HCA 18 & Unpaid Present Entitlements (UPEs)
Unpaid present entitlements (UPEs) involving private companies and discretionary trusts raise complex issues under Australian tax law. Division 7A of the Income Tax Assessment Act 1936 (Cth) determines when a private company beneficiary’s unpaid entitlement is treated as a loan to the trust. The Australian Taxation Office considers that a trustee’s retention of an unpaid …
Family Provision & Bare Paternity: Pronesti v Napoli (No 2) [2026] NSWSC 856
The Family Provision Act 1982 (NSW), despite its repeal over 15 years ago, continues to apply to estates where the deceased died before 1 March 2009. In these cases, family provision claims are determined under the former Act, not Chapter 3 of the Succession Act 2006 (NSW). Practitioners and executors therefore continue to encounter the 1982 Act in current …
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Keighran v Bishop [2025] NSWSC 1553: Family provision claim by a spouse.
Recent procedural reforms in New South Wales have altered the management of probate and family provision proceedings. Practice Note SC Eq 7 requires early case management, oversight by the registrar, and stricter regulation of litigation costs. The Court of Appeal in Schwanke v Alexakis; Camilleri v Alexakis [2024] NSWCA 118 confirmed that equitable presumptions relevant …
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Court Appoints Independent Administrator in Estate Dispute
When an executor fails to administer an estate and family conflict brings the administration to a standstill, the Supreme Court has broad powers to intervene. One of its most effective remedies is appointing an independent administrator to ensure the estate is administered impartially and efficiently.In Coxhead v Housen [2026] NSWCA 128, the New South Wales …
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Constructive Trusts and Failed Joint Endeavours: Cunningham v Peterson [2026] NSWSC 774.
A constructive trust is an important equitable remedy for preventing unfair outcomes where the strict legal ownership of property no longer reflects the justice of the parties' relationship. While registered title under the Real Property Act 1900 generally provides indefeasible ownership, courts retain the ability to recognise equitable interests where it would be unconscionable for a legal …
Nikolaou v State Trustees Limited [2026] VSCA 153Â : Presumption of Revocation and Use of AI in Probate Proceedings
If an original Will cannot be found after death, the law presumes the Will maker destroyed the Will with the intention of revoking it. This presumption may be rebutted where evidence supports the admission of a copy to probate. Courts have identified several categories of persuasive evidence: contemporaneous solicitor records confirming the Will's existence, statements …
Preliminary Discovery in Probate: Fuda v Dawes [2026] NSWSC 360
Probate litigation examines the circumstances of Will preparation, focusing on the source of instructions, the testator's understanding, and the presence of capacity, undue influence, or suspicious circumstances. Capacity concerns the testator's understanding of the Will's nature and effect. Undue influence involves external pressure affecting the testator's intentions. Re Estate of Moss, deceased; Larke v Nugus …
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