Succession law explained
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 …
Continue reading "Interim Distributions in Estate Law: Shoushani v Tadros [2025] NSWSC 1335"
The NSW Court of Appeal accepted a digital note as an informal Will, as succession law increasingly favours testamentary intention over formal execution in technologically mediated contexts. 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 …
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 …
In England and Wales, once probate is granted, a Will usually becomes a public document. It is open to inspection as part of the broader system of transparency underpinning succession law. This openness is so embedded in probate practice that most lawyers never question it. It is the mechanism that allows beneficiaries to check their …
Continue reading "Behind the Seal: Royal Wills, Private Wills, and Secrecy in Probate Law"
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"