Succession law explained
Angius v Angius [2025] NSWCA 113 a recent decision of the NSW Court of Appeal affirms that grandchildren may successfully claim provision under the Succession Act 2006 (NSW) if they can demonstrate partial dependency on the deceased and other compelling circumstances warranting judicial intervention — even where the Will-maker has intentionally excluded them from a …
Continue reading "Grandchild left out of Will Awarded $2.55 Million from $29 Million Estate."
The Forfeiture Rule prevents individuals from profiting from wrongdoing. Specifically, it bars anyone who unlawfully kills another person from benefiting financially from the victim’s death—whether through inheritance, insurance payouts, or other related gains. The Forfeiture Act 1995 defines an "interested person" in applying the rule, including the offender, the estate executor, beneficiaries, and others with …
Continue reading "Forfeiture Rule & the Remaining Beneficiaries"
In Western Australia, the Voluntary Assisted Dying Act 2019 (WA) governs Eligibility for Voluntary Assisted Dying (VAD). Section 16 outlines the strict eligibility criteria: an individual must be 18 or older. When making their first request, the applicant must be an Australian citizen or a permanent resident who has lived in Western Australia for at …
Tasmanian Family Provision Claims In Tasmania, the Testator's Family Maintenance Act 1912 provides that specific family members can make a "family provision claim" from the estate if the deceased lived in and owned real estate in Tasmania at the date of death, the applicant believes the deceased’s Will does not adequately provide for their proper …
Following Liam Payne's unexpected death in October 2024, new probate filings in the UK confirm that the former One Direction star died without leaving a legally valid will. As a result, his estate—initially valued at nearly £28.6 million and reduced to £24.3 million after debts and liabilities—will be distributed under the laws of intestacy in …
Continue reading "One Direction’s Liam Payne died without a Will"
No one can handle a deceased person's assets until probate is granted, and only the executor has that authority. An exception exists for banks, which may allow access to the deceased's bank accounts to cover funeral costs and court fees. Upon death, the deceased's assets are considered under the control of the NSW Trustee and …
Statutory Wills are an essential safeguard ensuring the fair administration of a person’s estate even when they can no longer express their wishes. However, strict legal standards apply, and anyone considering an application should seek legal advice and be prepared to present comprehensive evidence. In Western Australia, when a person lacks testamentary capacity—the Wills Act …
Brikcius v Brikcius [2025] NSWSC 342 highlights the increasing legal difficulties associated with Assets, inheritance, elderly parents, family expectations & enduring powers of attorney. Although attorneys must prioritise the well-being of a principal who cannot make decisions, other matters cannot supersede legal authority or ownership. An Enduring Power of Attorney (EPOA) is a legal document in …
A resulting trust arises when a settlor conveys property to a trustee, but the trust either does not succeed or the beneficial interest is not entirely allocated. In these situations, the trust property "returns" to the settlor, indicating that the trustee holds the property on trust for the settlor or their estate. This represents a …
Executors do not retain their roles indefinitely. Once their duties concerning an asset are complete, they hold that asset in trust for the beneficiary—even without a formal transfer. Executors who fail to take the final step of transferring title may inadvertently expose estate property to personal creditor claims if they are also the beneficiary. In …