Succession law explained
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. …
Continue reading "Promises, Wills, and White Elephants"
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"
The Estate of Jian Ming Li [2025] NSWSC 907 closed the door on an attempt to reopen a resolved estate dispute — involving family tensions, contested paternity, a criminal conviction for interfering with a corpse, and a preserved piece of human tissue. Procedural History: The Battle Over Paternity After Jian Ming Li died intestate in …
Undue influence arises where one party's Will is overborne by another's, as evidenced by direct evidence or a rebuttable presumption from certain recognised or factually proven relationships, coupled with a transaction not readily explained by ordinary motives. It differs from unconscionable conduct in that undue influence focuses on the weaker party's lack of genuine consent. …
The Administration and Probate Act (NT) 1969 (APA) is the primary legislation governing the legal framework for administering deceased estates in the Northern Territory. Executors and administrators are responsible for protecting the estate's assets, settling debts, and distributing property under the Will. If no valid Will exists, they follow the rules of intestacy under the …
Continue reading "Executor Responsibilities & the Administration and Probate Act (NT) 1969"
Rectification in Law and Equity Rectification generally means correcting an error to restore something to its intended or proper state. In law, rectification is used to amend documents, like contracts or wills. This occurs when, due to mistakes, they do not reflect the parties' testamentary intentions. Common Law: Permits limited rectification by interpreting documents based …
Continue reading "Common Errors in Wills and Their Rectification Processes"
Alexiou v Alexiou [2025] NSWCA 164 involved a family provision order. This was made under the Succession Act 2006 (NSW) after the death of Con Alexiou (the deceased). He was survived by two children: Voula Alexiou (the appellant) and Arthur Alexiou (the respondent). After his wife's death, the deceased made three wills. In 2008, he …
Continue reading "Legal Discretion in Family Provision: Insights from Alexiou"
The Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (ASCR) outline the ethical and professional standards that solicitors in New South Wales must follow. Drafted under the Legal Profession Uniform Law, these rules regulate various aspects of legal practice, including duties to the court, clients, and fellow legal practitioners. Their aim is to …
Continue reading "When Can a Lawyer Be Stopped From Acting in a Case?"
"Administrator cum testamento annexo de bonis non administratis" is a Latin legal term. It describes the person appointed by the Court to complete the administration of a deceased person's estate. This occurs under specific conditions. First, there must be a valid Will. The original executor or administrator must have either died or become unable to …