Succession law explained
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"
In New South Wales, when someone dies, and their original Will cannot be found, the law starts with a simple—but powerful—assumption: the testator must have destroyed the Will with the intention of revoking it. This “presumption of revocation” can dramatically alter the outcome of an estate, and whether the court accepts the presumption depends on …
When parties navigate the Queensland litigation process, they have a practical tool at their disposal. This tool is Rule 366 of the Uniform Civil Procedure Rules (UCPR). This tool is often overlooked. Rule 366 is found in Chapter 10 (Court supervision), Part 3 (Directions). It empowers the Court to manage proceedings. This rule also helps …
In May 2024, the Victorian Supreme Court issued guidelines on the responsible use of artificial intelligence in litigation. These guidelines outline several key principles governing litigants and practitioners use of AI tools. First, anyone using AI in litigation must understand how these tools work. They must also be aware of their limitations. This understanding helps …