Succession law explained
McKay v Queensland Ballet Company [2026] QSC 137 concerned the construction of the Will of Glenn Rycen Cooke. Cooke died in January 2025, having executed his Will in June 1993. He appointed Judith Marilyn McKay as executor. Cooke was unmarried, had no children, and was a prominent supporter of the arts in Queensland. He served …
Continue reading "Contemporary Dance & McKay v Queensland Ballet Company [2026] QSC 137"
In New South Wales, the three main forms of family provision legislation since 1916 – the Testator's Family Maintenance and Guardianship of Infants Act 1916 (NSW) (TFM Act), the Family Provision Act 1982 (NSW) (FP Act) and the Succession Act – have generally followed a similar structure, including: A broad statutory test. The content of …
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: …
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 …
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 …
Continue reading "Navigating Injunctive Relief: Farrance v Pergol [2026] NSWSC 382"
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 …
Continue reading "Storry v Clout [2026] QCA 102: Removing Bankrupt Executors"
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 …
Continue reading "Lifetime Gift & Will Construction: Tanner v Tanner [2026] NSWCA 100"
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 …
Continue reading "Disputes Over Funeral Arrangements: Morgan v Morgan [2026] NSWSC 539"
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 …
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"