Succession law explained
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"
The forfeiture principle aligns with the established legal maxim that individuals cannot benefit from their illegal actions. The principle was first articulated in the 1891 ruling by the English Court of Appeal in Cleaver v Mutual Reserve Fund Life Association (Cleaver) [1892] 1 QB 147. In Cleaver, the Court determined that a woman who had …
Continue reading "Forfeiture, Disclaimer & the Courts Discretion UK"
The Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration of Probate) Rules 2023 (Vic) ( and their relevant antecedents) are significant in Re Ramos [2025] VSC 19, as they provide the legal framework for probate matters. However, they do not directly pertain to the specific issues raised in this Re Ramos [2025] …
Continue reading "Power to revoke a grant of probate obtained by fraud."
In Tasmania s3 of the Testator's Family Maintenance Act 1912 (the Act), the first issue to be determined by the Court is whether the Will left the applicant without adequate provision for their proper maintenance and support (the jurisdictional question) to be made at the time of the deceased's death: Coates v National Trustees Executors & Agency …
Continue reading "Criteria for determining Family Provision application"
The indefeasibility of title is a key aspect of the Torrens Title System, ensuring a clear hierarchy of property ownership. It grants the registered owner priority over all other claims to the property, securing their legal ownership. In the Torrens Title System, transferring real property requires more than just signing a contract of sale—registration of …
Continue reading "Equity, Indefeasibility, & A fraudulent Will"
As indicated by its name, a conditional gift refers to a gift with specific conditions outlined in a Will. A Will can establish a condition in one of two ways: a condition precedent – which requires an event to take place before the recipient can accept the gift; or a condition subsequent – a beneficiary …
Continue reading "Wills – Conditions Precedent or Subsequent"