Succession law explained
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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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 …
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 …
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 …
Continue reading "Preliminary Discovery in Probate: Fuda v Dawes [2026] NSWSC 360"
The Archibald Prize was established by the Will of John Feltham Archibald (Jules François Archibald), journalist and publisher, who co-founded The Bulletin in 1880 and served as its editor. The Bulletin supported Australian writers and artists. During Archibald's tenure, the publication endorsed the White Australia policy, which is relevant to the historical context. Archibald died …
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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 …
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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"