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 …
Family provision claim by brother of the deceased
Section 57 of the Succession Act 2006 (NSW) provides that a person may bring a claim if they were a member of the deceased’s household and were wholly or partly dependent on the deceased at any time. Household membership: The applicant lived as part of the deceased’s household. Dependence: The applicant relied wholly or partly …
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Unveiling Alfred Nobel: Innovator and Humanitarian
Today, the name Nobel is synonymous with the world’s most prestigious awards for peace. It is also linked to science and literature. But few know the remarkable story behind the man himself. Alfred Nobel was a brilliant inventor and chemist. He was a complex figure whose inventions reshaped entire industries. His conscience ultimately redefined his …
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When Defending an Intestacy Becomes Personal: Costs and “Overall Justice” in Family Provision Claims
Robinson v Glennon [2025] NSWSC 770 involved a claim by Ms Kylie Robinson (the plaintiff) for family provision under s 59 of the Succession Act 2006 (NSW) from the intestate estate of Mr Geoffrey Baxter (the deceased), who died on 1 August 2023, at the age of 56. Ms Vicki Glennon (the defendant), the deceased's …
Executrix pays Transfer Duty as Purchaser of Deceased Estate Real Estate
Robin Shand (the Deceased) died in 2022, leaving four children. Under the deceased’s 2019 Will, Fiona Shand (the plaintiff) was appointed executrix. The Will provided for specific gifts, with the residue divided into testamentary trusts for each child and their family. The plaintiff's family trust was entitled to 27.3% of the residue. Background A major …
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Can a Journal Entry Be a Will?
In September 2022, Brendan Oakley Graham Smith (the deceased) died by suicide, leaving behind a "Last Note" in his journal written between 20 and 25 August 2022, reflecting on what mattered to him. Jannene Dunne (”the Plaintiff”) claims the 'Last Note' was intended to operate as the deceased's Will under the Succession Act 2006 (NSW) …
Executor Removed for Breach of Duties: Court Orders Personal Indemnity Costs
Section 34(1)(c) of the Administration and Probate Act 1958 (Vic) is a powerful tool in the hands of the Court, empowering it to discharge or remove an executor or administrator of an estate when it finds that person to be 'unfit' to act. The principal authority on the operation of s 34(1)(c) in cases of …
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Omission of Witness Statement Defeats Enduring Power of Attorney
The Powers of Attorney Act 2003 (NSW) (”the Act”) consolidated and modernised the law on powers of attorney. Part 4 'Incapacity and Enduring Powers of Attorney' (spans sections 17-25). Division 2 of Part 4 ‘Enduring powers of attorney’ (spans ss 19-25). Section 38 - Tribunal Advice and Directions An attorney under a reviewable power may …
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Passing Estate Accounts
Estate of David Patrick Roche Frost [2025] NSWSC 994 Executors and administrators must: safeguard the estate and collect its assets, pay funeral, testamentary expenses, and debts, and Distribute the balance according to the Terms of the Will or intestacy laws. They must also maintain accurate probate accounts that accurately reflect the estate's management and provide …
Third-party liability for procuring or inducing breach of trust or fiduciary duty
Guardianship stems from the parens patriae jurisdiction, under which the sovereign has a duty to safeguard those unable to protect themselves. The Guardianship and Administration Act 2019 (Vic) provides a structured framework for exercising this protective role. It defines decision-making capacity as the ability to: comprehend the relevant information and the consequences of a decision, …
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