Succession law explained
Re Norris; Lindsay v Howie [2025] VSC 85 S PRB 2024 23208 is a dispute between Ms Lindsay, (the plaintiff) one of Ms Norris's (the deceased) nieces, and John David Howie (the defendant), Ms Norris's husband for nearly 20 years. Gray J made several uncontested findings on contextual matters, which are crucial to understanding the …
Continue reading "Will not seen by, but read in full to the Deceased"
Ricky John Morris (the deceased) died on 5 November 2024 at the age of 37. He is survived by his wife, Kimberley Friday (the respondent), along with their four young children. Furthermore, he leaves behind his mother, Phyllis Taylor (the applicant), and his younger sister and extended family members. A dispute has arisen concerning who …
Continue reading "Funeral & Burial – Aboriginal Cultural Considerations"
A trust is an entity established by the equity that a court of equity can recognise. A “trust” can be defined as a relationship between a trustee and a beneficiary regarding a specific property. More specifically, a trust is present when the holder of a legal or equitable interest in the property is obligated, as …
In its inherent jurisdiction, the Supreme Court can issue an order to prevent solicitors from participating in a case where a fair-minded and reasonably informed member of the public would determine that the proper functioning of justice necessitates that the solicitors be barred from involvement to maintain the integrity of the judicial process and ensure …
Continue reading "Conflict between lawyer’s and client’s interests"
In Pillinger v Lees [2024] NSWSC 1067, Hmelnitsky J decided that the deceased did not make adequate provision for the Plaintiff. An order issued under s59 of the Succession Act 2006 (NSW) for additional provision, concluding sufficient provision consists of $1,500,000 designated for accommodation, $850,000 intended to generate income, and $400,000 for unexpected situations. The …
Continue reading "Family Provision: Court Apportions Burden"
The general rule is that if the court makes any order regarding costs, it is to order that the costs follow the event unless it appears that some other order should be made: UCPR r 42.1. This general rule, in the context of the purpose of a costs order, finds a “reasonable expectation” on the …
Continue reading "Exceptions to the Standard Costs Principle"
In Sofianidis v Hill [2025] NSWSC 37, Slattery J stated the judgment serves as the final warning to Lisa Araluen Hill (the defendant) before the Court takes more decisive measures to compel her participation. The defendant has consistently refused to engage with the legal proceedings in this case. Her continued avoidance prevents a fair resolution, …
Continue reading "The Court, an uncooperative defendant & the Administrator cum testament annexo"
McBride v McBride [2025] NSWSC 57 involves the application of family provision laws to a convicted prisoner. The plaintiff, David McBride, and the defendant, Louise McBride, are two of four children of Patricia Mary McBride (the deceased), who passed away on 15 November 2021. The defendant was granted probate of the deceased’s last Will, dated …
In Queensland, the Succession Act 1981 provides modification of a Will if the testator and witnesses signatures are present either in the margin, near the modification, or on a memorandum that references the change. However, when disputes arise concerning alterations made without adhering to these requirements, the executor may apply to the Supreme Court to …
In Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 Kunc J discussed issues related to testamentary capacity that intrinsically depend on each case's specifics. No universal guideline or method can address all situations to eliminate the chance of disputes. Nevertheless, the effort involved in evaluating capacity when receiving Will instructions and completing the Will …
Continue reading "Testator’s Soundness of mind, memory and understanding"