Succession law explained
Deed polls are commonly associated with name changes. Still, they are also used in estate planning and trust administration, particularly when varying a trust deed to reflect changes such as the appointment or retirement of a trustee. While unilateral in form, a deed poll can carry binding legal force, provided it sets out an intention …
Continue reading "Martin Sharp Trust: Navigating Cy-près Modification"
The Estate of Maureen Alicia Anderton; Edwards v Animal Welfare League [2025] NSWSC 703 concerns a handwritten document. It is dated January 26, 2020. This document is being considered for probate as Maureen Alicia Anderton's (the deceased’s) last Will. The case focuses on a significant departure from her professionally drafted Will in 2016. That Will …
Proving a Verbal Mutual Wills Agreement in Court Verbal mutual wills are rare and hard to prove. Cottrell v Miglic [2025] VSCA 145 explores the legal principles behind them. Understand when an oral promise between spouses may create a binding trust. Mutual wills involve two or more wills made under a binding agreement, restricting the …
In South Australia, as in other Australian jurisdictions, courts apply the “armchair principle” when interpreting a Will, placing the Court in the armchair of the Will maker, enabling it to analyse the document in light of the Will maker's personal and factual circumstances. The objective is to uncover the testator’s true intentions through the language …
Continue reading "Intention, Language, and the Armchair Principle"
In Western Australia, the Family Provision Act 1972 (WA) provides “eligible persons” the right to challenge a deceased estate if they believe they’ve been inadequately provided for. Under the Family Provision Act 1972 (WA), specific individuals can apply to the Supreme Court for a larger share of an estate. Including the deceased's married or de …
In Victoria, a Testator's Family Maintenance (TFM) claim, also known as a family provision claim, allows specific individuals to contest a Will if they believe they have not received sufficient provision from the deceased’s estate. This is governed by Part IV of the Administration and Probate Act 1958 in Victoria. Eligible individuals include current or …
iPhone note titled "Last Will of Colin L Peek." When Will the Court Dispense with Formalities? In New South Wales, s6 of the Succession Act 2006 (NSW) provides that a valid Will must be in writing, signed by the testator (or someone at their direction), and witnessed by two or more people at the same …
Continue reading "Can a digital note on a smartphone count as a valid will in Australia?"
The Estate of Arlene Veronica De Leon [2025] NSWSC 529 highlights how global events—especially war—can shape the outcomes of inheritance disputes decades later. This matter concerns a Filipino-Australian family that found itself in court after a sibling's death following the destruction of records needed to prove a family connection in World War II. The Family …
Continue reading "When War Destroys Records: Family Proves Their Inheritance Rights"
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"