Succession law explained
When an Australian client dies owning property in both Sydney and Paris, legal professionals must navigate two distinct legal systems. They do this to guarantee a fair settlement. Cross-border estates are increasingly common, as many Australians own property overseas or live abroad for extended periods. Nonetheless, when wills are executed in different countries, succession becomes …
Continue reading "Russell v Ceylan[2025] NSWSC 1044 & Cross-Border Succession Law"
Waters v Frank; Frank v Waters [2025] NSWSC 1389 concerned a contested Will. It involved Dr Percy Waters (the deceased), a highly vulnerable and elderly man. His dependence on his carer, Lavinia Williment (the second defendant), intensified in the later years of his life. Over time, successive wills increasingly benefited the carer. This occurred at …
Principles of Construction In Fell v Fell (1922) 31 CLR 268 at 273–4, Isaacs J articulated principles that have been applied consistently in Will construction: First, derive the meaning of a Will from the document itself. Use only the extrinsic evidence necessary to understand the language the testator used. Second, construe a Will according to …
Forfeiture Revisited: South Australia’s Statutory Framework Practitioners in succession and estate litigation have missed a quiet but significant reform. The Forfeiture Act 2024 (SA) started on 15 January 2025. The Act was enacted after the recommendations of the South Australian Law Reform Institute (SALRI). It places the forfeiture rule on a clear statutory footing. The …
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Mr Karl James Kirsten sought leave to appeal a costs order. The order requires him to pay 40% of Ms Cara Miller's costs. This pertains to the costs at first instance. The costs order arose after proceedings concerning the historical ownership of shares in Ombrel Pty Ltd. These proceedings were resolved without a trial. This …
Adverse Possession under the Old System Title in NSW Land granted or alienated from the Crown before 1 January 1863 in New South Wales is under Common Law. This is also known as Old System title ownership. An unbroken chain of deeds proves its ownership. Each transaction, like grants, conveyances, mortgages, and discharges, is separately …
Order 54 of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) allows an executor to seek judicial advice. This advice concerns estate administration. Executors can also seek advice on the interpretation of will provisions. This can be done without commencing an administration suit. To obtain advice, the executor must file a formal application with …
An essential question in estate administration: can the Court authorise an interim distribution to beneficiaries before the whole administration of the estate? In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the issue arises in the context of long-delayed entitlements under a March 2021 settlement, where beneficiaries have already waited years for the …
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Section 8 of the Succession Act 2006 (NSW) involves three key requirements. These are outlined in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56]. Powell JA provides this outline. A ‘document’ must first exist. It is defined by s 3(1) of the Succession Act. This refers to Schedule 4 of the Interpretation Act 1987 (NSW). …
Russell Leslie Dunham (the deceased) died on 18 January 2022 without a Will. Divorced and without children at the time of his death. Narelle Gaye Lindsey ( the plaintiff) claimed to be the deceased’s unregistered domestic partner when he died and therefore seeks a grant of letters of administration over his estate. Amanda Gaye Dean …
Continue reading "No Standing, No Case: Caveat Struck Out: Re the estate of Dunham [2025] VSC 746"