Succession law explained
In the ACT, the Supreme Court may redirect charitable trust property under a cy-près scheme where the original charitable purpose cannot be fulfilled due to impossibility, impracticality or unlawfulness. Cy-Pres Scheme Cy-près means "as near as possible" and derives from Old French. A cy-près scheme requires evidence of a general charitable intention, not one limited …
Continue reading "Estate of Titterton [2026] ACTSC 398: Cy Pres, Rectification & Judicial Advice"
Can someone who never existed inherit under a Will? In the Will of Clifford Stanley Perrin [2026] QSC 247 examines the consequences of online romance fraud and a testamentary gift to an imaginary spouse. Severance of a testamentary gift based on a false assumption A testamentary gift may be invalidated where made following the deception …
Hotchpot operates to bring a benefit received by a beneficiary during the testator's lifetime into account when determining that beneficiary's entitlement under the Will. The principal difficulty arises in valuing non-monetary benefits. Where the earlier benefit is property, questions include the appropriate value to attribute, the relevant valuation date, and whether tax or other liabilities …
Singer v Berghouse(1994) 181 CLR 201 remains a foundational authority in Australian family provision law. Decided by the High Court on 14 September 1994, the case established the familiar two-stage approach to determining whether a person has been left without adequate provision from a deceased estate and, if so, what further provision should be made. …
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 …