Succession law explained
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 …
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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 …
A trustee’s right of indemnity - the entitlement to be reimbursed from trust assets for expenses and liabilities properly incurred in administering the trust - gives rise to an equitable interest in the trust property that ranks ahead of the interests of the beneficiaries. Importantly, the equitable interest survives the trustee’s removal from office, enabling …
Continue reading "Naaman v Jaken Properties Australia Pty Limited – Trustee’s Right of Indemnity"
Section 35 of the Administration Act 1903 (WA) codified Administration pendente lite, empowering the court to appoint an administrator of the personal estate and a receiver of real estate during litigation relating to the validity of a Will or a grant of probate or administration. The court has discretion to determine the scope of the …
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Leahy v Attorney-General for New South Wales concerns a charitable trust in Australian and English trusts law. The High Court of Australia examined it in 1958 and the Privy Council in 1959. The case addressed the validity of donating to an unincorporated organisation, concluding that gifts in trust can only be made for charitable purposes …
When a Will is lost or destroyed, the presumption of intentional destruction (animo revocandi) either does not arise or is rebutted successfully. The key principles established in Sugden v Lord St Leonards are: (a) The contents of a lost document, including a Will, can be proven using secondary evidence. (b) Statements made by the testator—whether …