Succession law explained
In New South Wales, an applicant for a family provision order must first establish they are an “eligible person.” s57(d) of the Succession Act 2006 (NSW) provides that a “former spouse” is an eligible person and, in certain circumstances, may acquire a benefit from their ex-partner’s Estate. A family provision claim is an application to …
Continue reading "Family Provision– The plaintiff & deceased divorced in 1992"
In the Australian Capital Territory, s11A of the Wills Act 1968 allows a document that reflects the deceased’s testamentary intentions to be recognised as a Will, even if it wdoesn't meet formal execution requirements if the Supreme Court finds intent. The Court assesses intent by examining the document and additional evidence, including prior statements from …
Continue reading "Judicial advice as to the construction of the Will and the Codicil"
In Queensland, s13 of the Succession Act 1981 describes how a testator may revoke a previously executed will. A testator can revoke a Will by drafting a new Will, signing a document that indicates a desire to revoke the Will or its parts, burning, tearing, or otherwise damaging the Will with the intention to revoke …
Continue reading "Misconception that the revocation of a later Will revives an earlier Will."
The Court’s jurisdiction to grant an injunction preventing a solicitor from acting is based on safeguarding the legal practitioner’s duties to the Court. As explained by Heenan J in Holborow v Macdonald Rudder [2002] WASC 265, A lawyer may face restrictions on representing a client if their previous involvement, conduct, or potential conflict of interest …
Kavanagh v Londy [2024] QCA 140 (Davis J, Bond JA, and Mitchell AJA concurring) concerning Mary Kavanagh (the deceased), who was 100 years old at the time of her death, childless and lacking any immediate relatives to claim her $2 million estate. Throughout her life, the deceased had created numerous Wills, all of which, except …
Re Estate of Luttrell [2024] VSC 598 was an application for rectification of the Will dated 20 March 1996 of the late Elizabeth Ann Luttrell, who died on 4 August 2022, with her husband, Tasman Percy Luttrell, dying 28 days later. The plaintiffs, Mark Luttrell (Tasman’s son) and Shannon Toleman (Elizabeth’s niece) sought rectification of …
In Alexakis v Masters (No 2) [2023] NSWSC 509; Alexakis v Masters (No 3) [2023] NSWSC 694, a Sydney General Practitioner has denied allegations in the New South Wales Supreme Court that he pressured a patient into modifying his Will despite being named the main beneficiary of the patient’s multi-million dollar estate. He faced accusations …
Continue reading "The patient’s General Practitioner & Undue Influence"
Frank v Angell [2024] NSWSC 158 is a family provision claim concerning the estate of Max Frederick Willis (the Deceased), a former solicitor and long-serving New South Wales Parliament member. The deceased was known for his philanthropic efforts in the Solomon Islands, including funding healthcare and education for individuals from less privileged backgrounds. Claimants Sharon …
An Interlocutory Injunction is an equitable remedy designed to maintain the current situation by stopping one party from carrying out, repeating, or continuing a wrongful act before a trial occurs. These injunctions guarantee that funds remain in a bank account, prevent the sale of assets or restrain the other party from taking specific actions. Essentially, …
A probate caveat is a legal notice that prevents the Supreme Court from issuing a probate grant and temporarily halts an executor from managing the estate. This allows the caveator time to seek legal advice and gather evidence. If the caveator lacks sufficient interest, the personal representative can request the court to lift the caveat. …