Succession law explained
Disputes over the disposal of a deceased person's body occur at the uneasy intersection of family conflict. They also involve cultural and religious practices and the Court's protective jurisdiction. Unlike probate matters—where formal grant processes, evidentiary rules and timelines give structure—burial disputes demand rapid judicial intervention. Decisions often must be made within hours or days …
Continue reading "Family Conflict in Burial Disputes: A Legal Perspective"
Navigating the court system without legal representation can be daunting. It is especially challenging when finances or circumstances limit your access to professional help. In New South Wales, the courts have a specific mechanism to support self-represented litigants. This mechanism helps those who genuinely need legal assistance. It is Rule 7.36 of the Uniform Civil …
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The Court retains an inherent jurisdiction to make decisions about the burial of a deceased person. This applies even where no grant of probate or administration has been issued. (Dayman v Dayman [2024] NSWSC 838 [24]); Brown v Weidig [2023] NSWSC 281 at [29]. Where necessary, the Court issues ancillary or consequential orders to give …
Continue reading "Cultural and Legal Factors in Burial Arrangements in NSW"
In New South Wales, the law recognises a presumption of death. This applies when a person has been missing for seven years without any contact. There must be no trace, unless there is evidence suggesting otherwise. In such circumstances, s 40B of the Probate and Administration Act 1898 (NSW) provides the legal basis. It allows …
Continue reading "Key Legal Principles on Missing Persons and Estate Distribution"
Justice Isaacs (as he then was) explained the now well-established principles governing the interpretation of Wills in Fell v Fell (1922) 31 CLR 268 at 273–274. In determining the meaning of a Will from its own wording, assisted only by such external evidence as is necessary to understand the words the testator used. Further, the …
Continue reading "Construing a Will that includes an Inter Vivos Distribution"
Equitable presumptions Equity generally assumes that people do not intend to make gifts when contributing money towards the purchase of property. Accordingly, if A buys property but registers it in B’s name, equity presumes that B holds the property on a resulting trust for A. However, in certain recognised relationships, including a husband to his …
Introduction: Family, Identity, and Accuracy In a recent New South Wales Supreme Court decision, Meek J opened with a literary nod to L.M. Montgomery’s classic Anne of Green Gables. The story, he observed, captures both the diversity of family and the dignity of individual identity — lessons equally relevant to family provision proceedings. Evans v …
On 14 October 2025, the Court heard an appeal from a decision of Parker J. He found that the term “youth” in a 1873 trust deed establishing Newington College was gender-neutral. It did not need the school to admit only boys (Student A v Council of Newington College [2025] NSWSC 534).In other words, his Honour …
Unconscionable conduct and undue influence are equitable doctrines addressing unfair advantage in relationships of unequal power. Unconscionable conduct focuses on a stronger party exploiting another’s special disadvantage - involving age, illness, poverty, or dependence. Undue influence relates to the weaker party's loss of free will through pressure or domination. It leads them to act against …
The Court’s method for determining whether a Will made adequate provision was summarised by Meagher JA (with Ward P and Kirk JA agreeing) in Scott v Scott [2022] NSWCA 182 at [12]–[16]: Section 59(1)(c) of the Succession Act 2006 (NSW) asks whether a deceased’s Will failed to make “adequate provision for the proper maintenance, education …