Succession law explained
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 …
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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 …
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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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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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 …