Succession law explained
Anshun estoppel prevents parties from raising claims or defences in later proceedings. This happens if those matters were so closely connected to earlier litigation. It was unreasonable not to raise them at that time. The doctrine aims to guarantee finality and avoid piecemeal litigation. The High Court established this principle in Port of Melbourne Authority …
Continue reading "Ross v Gordon [2026] ACTCA 1 Family Provision & Anshun Estoppel"
Lord v Craig [2026] NSWSC 17 looks at whether proportionality can prevent legal costs from using up an estate. Justice Meek said the court must balance competing interests based on the facts. In inheritance disputes, this means weighing all relevant factors. The court should also keep in mind that emotions can sometimes outweigh the estate’s …
Continue reading "Understanding Cost Capping in Family Provision Cases"
In Western Australia, a “next friend” is the mechanism the Supreme Court uses to ensure that people who cannot conduct litigation for themselves—such as children or adults lacking legal capacity—are adequately protected. Under Order 70 of the Rules of the Supreme Court 1971 (WA), a next friend is authorised to commence and manage proceedings on …
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 …
Continue reading "Forfeiture Revisited: South Australia’s Statutory Framework"
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 …