Succession law explained
Walker v Leneve [2025] NSWSC 839 (Slattery J) involves a conflict. This conflict is between the intestate deceased’s mother and the deceased's daughter (and sole heir). The mother organised the deceased’s funeral and burial before DNA proved paternity. The mother claims control over the headstone because she owns the burial plot. She is also seeking …
Continue reading "Cultural Sensitivity in Burial Disputes: A Legal Perspective"
In the ACT, a solicitor appointed as executor must provide the testator with a written disclosure of any entitlement to fees or commission before the Will is signed, under the Australian Solicitors’ Conduct Rules (ASCR). A solicitor’s written disclosure ensures transparency and reduces the risk of conflict between the solicitor’s personal interest in payment and …
Continue reading "Law Firm Partner Appointed as Executor – void for uncertainty?"
As the executor or administrator of an estate with a grant of probate or administration issued in another jurisdiction, if the deceased left assets in Queensland, an executor may need to apply to the Supreme Court of Queensland to “reseal” the grant. What is resealing? Resealing occurs when the Queensland Supreme Court confirms the authority …
Matthew Sims (the deceased) died intestate on 22 May 2024, leaving three children: Molly (17), Thomas (16), and Sebastian (12). Molly and Thomas's mother, Rebecca Moylan (the plaintiff), was previously in a de facto relationship with the deceased, which ended in 2009. Sebastian's mother, Fiona Sims (the first defendant), had separated from the deceased in …
Continue reading "Guardianship Rights in Western Australia Estate Cases"
In some family provision matters, the estate's assets are insufficient to meet the Court's assessment for further provision. In such instances, in New South Wales, the Succession Act 2006 (NSW) allows the court to issue an order designating specific property as notional estate, allowing it to be treated as part of the deceased's estate for …
In the estate of Ian Robert McPherson [2025] ACTSC 33, Elizabeth Ann Mulcahy (the plaintiff) applied. She sought the grant of probate for a Will dated 14 February 2024. She applied to the Supreme Court of the Australian Capital Territory for this grant. Still, after mediation, the parties reflected further. They agreed to seek probate …
Continue reading "Passing Over a Later Will: When Probate Turns to an Earlier Testamentary Document"
A family provision order is a court order made under Chapter 3 of the Succession Act 2006 (NSW) directing that provision be made from a deceased person's estate, or notional estate, for the maintenance, education, or advancement in life of an eligible person. As defined in section 57 of the Act, an eligible person is …
Continue reading "Interlocutory injunction & property liable to be designated as notional estate"
In Macaulay v Macaulay [2024] NSWSC 1547, the parties are the children of the late Neil Macaulay. He passed away in 2021. They are also the children of the late Janet Macaulay, who passed away in 2012. The plaintiff is Scott Macaulay. The defendants are his brother, Craig Neil Macaulay. He is the First Defendant. …
Construction means working out the true meaning of a written instrument. In the context of Wills, the purpose is to guarantee that the will-maker's intentions are fulfilled. The fundamental task in construing a Will is to determine, by reference to admissible extrinsic evidence, what the testatrix intended by the words she used (see Fell v …
Rectification of Wills – Key Principles Section 12A of the Wills Act 1968 (ACT) empowers the Supreme Court to rectify the probate copy of a Will where: The Will fails to give effect to the actual intention of the testator when it was made (s 12A(1)); or The Will fails to give effect to the testator’s …
Continue reading "In the Estate of Allen Sidney Alcock [2025] ACTSC 351"