Succession law explained
In Australia, "construing a Will" is the legal process of determining the true meaning and intention of a deceased person’s Will when its language is ambiguous, unclear, or contradictory. When executors or beneficiaries disagree on what a clause means, they can apply to the Supreme Court of their state or territory for a "construction suit" …
Continue reading "WXW v KZY & Anor [2025] QSC 138: Extrinsic Evidence in Will Interpretation"
Testamentary capacity, knowledge, and approval are distinct requirements in probate law. Testamentary capacity refers to the legal and mental ability to make or alter a valid Will. The testator must understand the nature and effect of making a Will, the extent of their assets, and potential beneficiaries' claims. Knowledge and approval require that the testator …
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant), the deceased’s husband having predeceased her in 1995. At the time of her death, the deceased had dementia, was residing in a nursing home, and …
Narciso v Narciso & Ors [2026] SASCA 99 confirms that dissatisfaction with a deceased person's arrangements does not, on its own, justify a challenge to a Will or an inter vivos property transfer. An applicant must establish standing, articulate a legally sustainable claim, provide supporting evidence, and show that the proceedings could result in a …
Perez de la Sala v Pérez de la Sala (No 5) [2026] NSWSC 556 concerned an application by Maria-Christina Pérez de la Sala (the plaintiff) for leave to amend her statement of claim to replead a proprietary estoppel claim previously struck out in Pérez de la Sala v Pérez de la Sala (No 4) [2026] …
Although the expression “literary executor” is commonly understood to describe a person responsible for an author’s literary property after death, it has no particular statutory definition under the ACT legislation governing wills and probate. The concept is nevertheless well recognised at general law. A testator may appoint one executor generally while appointing another executor whose …
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 …
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 …
Continue reading "Impact of Adoption Discharge on Succession Rights: Lise v Boulton [2026] QSC 176"
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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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 …