2020-06-04 06:20
Sydney William Templeman was a British judge. Born in March 1920, the son of a coal merchant, in 1970 Lord Templeman became Attorney General of the Duchy of Lancaster before being appointed… Read More
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2020-05-29 04:55
Over the spring and summer of 2019 – 2020, Australia suffered a series of catastrophic bushfires. Millions of hectares of bushland and agricultural land were burned out. Thousands of h… Read More
2020-05-27 08:39
Horst Marszalek died intestate in February 2018 aged 79 years. Horst had never married and had no children. His parents were dead and his closest surviving relatives were his brother, Reiner… Read More
2020-05-11 09:16
A is fourteen years old and lacks testamentary capacity. He was born with a rare congenital brain malformation treatment for which is the insertion of a cerebral shunt to drain fluid from th… Read More
2020-05-08 04:45
Millie Phillips (Millie) is a 90-year-old woman who had three children by her former husband; two daughters Sharonne and Lynette (who died in tragic circumstances some time ago) and a son Ro… Read More
2020-04-30 00:57
In England & Wales a Will must be witnessed by people in the ‘presence’ of the Will maker s9(c) of the Wills Act 1837(“the Act”) provides
“the signature… Read More
2020-04-22 13:13
In New South Wales Section 6 of the Succession Act provides that a Will isn’t valid unless it is in writing and signed by the Will maker (or by some other person in the presence of and… Read More
2020-04-20 08:31
The extraordinary nature of the COVID19 global pandemic has motivated some people to either make or revise their wills to reflect their changed circumstances In order to comply with the leg… Read More
2020-04-15 19:50
Almost 60% of adult Australians have made a will which is more favourable in comparison with the reported rates in the UK and the US.
Although it has been reported that the likelihood of… Read More
2020-04-06 23:52
Philip Langan believing that he was having a heart attack while eating at McDonald’s in Yorkton Saskatchewan quickly wrote
“Ron Langan
Dennis Langan
Sharon Langan
Lan… Read More
2020-04-04 03:35
The Supreme Court of NSW generally prefers to have estates administered by somebody who is present in the jurisdiction, who is able to personally attend to their duties within the jurisdicti… Read More
2020-03-28 21:58
Milan Zlatevski died in May 2015 aged 85 leaving a will made on 15 October 2013 (“the 2013 Will”) appointed his daughter Nada Geroksa executor and sole beneficiary of his estate… Read More
2020-03-17 07:53
Reg Grundy died in Bermuda (his place of domicile) on 6 May 2016, aged 93 years, leaving a will dated 21 January 2011 and sufficient property in NSW to admit the will into probate.
In 2015… Read More
2020-03-05 05:26
Aretha Franklin described as The Queen of Soul, won 18 Grammy Awards and had more than 100 singles on the Billboard charts; at the time of her death, it was reported that Aretha had not left… Read More
2020-02-28 11:19
Capital Gains Tax (CGT) applies to the capital gain made on the disposal of any asset, with a number of specific exemptions, the most significant one being the family home. If you leave a pr… Read More
2020-02-16 19:49
Distribution of property of an intestate estate at common law depends upon whether that property is classified as a movable or an immovable asset. Succession to movable property is determine… Read More
2020-01-31 02:01
Prince Charles as Duke of Cornwall is the largest private landowner in England. The Duchy of Cornwall, run as a private estate consists of 135,000 acres, spread across 23 counties; the land… Read More
2020-01-26 06:15
Jean-Michel Basquiat arguably the most celebrated American painter of the Neo-Expressionist art movement; best known for his primitive style and collaboration with Andy Warhol was born in Br… Read More
2020-01-19 01:37
Maudlin Bascoe died in August 2015, a few days before her 97th birthday. She had emigrated to the United Kingdom from Jamaica in the 1960s and worked as a seamstress in London. Maudlin had f… Read More
2020-01-11 07:10
Albert Edwin Trott was born on 6 February 1873 in Collingwood, to Adolphus a West Indies-born accountant, and his English wife Mary Ann. Albert is one of the few distinguished players to hav… Read More
2019-12-30 09:22
If a Will has a mistake in it, in most cases the Courts will do what they can to correct the error. When it comes to interpreting the uncertainty of a provision in a will, Isaacs J in Fell v… Read More
2019-12-20 23:51
Lady Winifred Iris Evelyn MacKenzie left a will dated 4 April 1966 and codicil dated 14 February 1969 (‘the will’) establishing the Sir Colin and Lady MacKenzie Trust Fund &ndash&hell…Read More
2019-12-15 10:45
Elias Dimitrakakis was born in Greece and emigrated to Australia in 1960; with his wife and their five young children following the next year. During his life, he and his wife accumulated si… Read More
2019-12-08 07:19
Robert Mugabe who ended white-minority rule in Zimbabwe and improved access to education and health services for the country’s poor black majority, before resorting to fear and repress… Read More
2019-11-30 08:23
Irene de Wild (“the deceased”), died on the South Coast of New South Wales, on 26 September 2017, aged 74 years, leaving about $118,000 in bank accounts in New South Wales; Irene… Read More
2019-11-16 23:14
Luigi Borazio (the “testator”), died in February 2007, leaving his widow (and third wife) Rosa a life interest and the chattels in their family home in Blacktown plus $10,000. Ro… Read More
2019-11-08 01:47
In a recent decision, the New South Wales Court of Appeal had to decide whether the annuity given by the deceased to his widow (‘the Appellant’) under his will was adequate to pr… Read More
2019-11-02 05:04
In January 2017 G aged 35 died following a self-inflicted gun-shot to his head; he was survived by his wife, and two children, aged 8 and 11 years. G was a qualified pilot who owned an aviat… Read More
2019-10-24 04:08
I have posted before about the equitable remedies available to courts where a specific gift within a Will fails; in the instance that no provision exists in the Will for dealing with t… Read More
2019-10-20 07:26
CGT does not apply to the testator’s main residence if:
It is sold within two years; whether or not it is used as a main residence or to produce income during the two-year period.
From… Read More
2019-10-11 11:25
In order for a Court to determine whether two people are in a de facto relationship it may require detailed affidavit evidence (including investigations of telephone and bank records) when a… Read More
2019-09-27 06:45
Margaret Szadovszky died, aged 92, in November 2016, leaving one surviving child, Frank, her husband predeceased her. Margaret’s last will, made on 14 January 2009, named her solicitor… Read More
2019-09-17 01:42
Pascall Comninos, sought a family provision order out of the estate and notional estate of his brother, Stavrianos, pursuant to Ch 3 of the Succession Act 2006 (NSW) (“the Act”)… Read More
2019-08-29 11:25
As a law student I remember my first week of Equity very clearly. The first case that we studied was Commissioner of Stamp Duties v Livingston [1965] AC. Prior to studying succession law I w… Read More
2019-08-26 09:24
Bob Hawke was Australia’s 23rd Prime Minister leading the Australian Labor Party to victory in 1983, 1984, 1987, and 1990, making him the most electorally successful Labor Leader in hi… Read More
2019-08-20 12:54
Promissory estoppel is an equitable doctrine in which the promisee who relied upon a reasonable promise who has subsequently suffered loss may recover damages from the promisor
Faith Richard… Read More
2019-08-09 04:53
An entail or “fee tail” operates like a will that sets up a primogeniture system for real estate. Entail restricts the sale or inheritance of an estate and prevents the… Read More
2019-08-07 05:11
Maud Inch made a Will leaving her estate to her three children; she appointed two of her children, Cecil and Maud junior, as her executors. Her estate included real estate at Bondi Junction… Read More
2019-08-05 07:05
It was reported earlier today that Kerry Robertson was the first person in Victoria to be granted a permit to end her life under the state’s new voluntary assisted dying laws, the 61-y… Read More
2019-08-01 01:58
The plaintiff (“M”) and Andrew Moffa were appointed executors and trustees in a Will made in November 2016. M sought a grant of probate. A beneficiary of the Will lodged a… Read More
2019-07-25 03:30
Richard Squire died unexpectedly in April 2015; his second wife Corrine was named executrix in his Will made in March 2007, leaving his entire estate to her and if she did not survive him by… Read More
2019-07-22 04:11
A three-year-old was struck by a motor vehicle in September 2018 sustaining multiple injuries, including a traumatic brain injury, spinal cord injury and suffered a cardiorespiratory arrest… Read More
2019-07-19 04:36
There is a growing number of people who have lived for many years following a diagnosis of dementia; others who have an acquired brain injury, in these circumstances they may have no Will or… Read More
2019-07-16 03:09
The World Health Organization believes one in six people suffer from elder abuse worldwide; as the population and number of people with dementia-related illnesses increase as a corollary the… Read More
2019-07-12 05:02
Norman Yee emigrated from Hong Kong to Australia in 1941; from the 1950s to the 1980s Norman and his wife Doreen assisted other family members to emigrate from Hong Kong and Southern China t… Read More
2019-07-09 00:24
The forfeiture rule prevents a person from benefiting from their wrongful conduct, as it would be unconscionable to allow a killer to take a financial benefit from their unjust action.
Court… Read More
2019-07-04 11:20
Peter Demediuk died in February 2013 aged 93; his wife, Taisa pre-deceased him. Peter was survived by four adult children, Barbara, Peter, Nicholas and Sandra.
Peter made a number Wills duri… Read More
2019-06-28 02:46
John Thornton died in April 2017, his Will made in March 2002 (“the Will”), appointed his son John as sole executor of his estate (“the Estate”). In the event that Jo… Read More
2019-06-23 11:37
Reg Grundy died in Bermuda (his place of domicile) on 6 May 2016, aged 93 years, leaving a will dated 21 January 2011 and sufficient property in NSW to admit the Will to probate in that juri… Read More
2019-06-21 04:10
Robert Kohari brought a family provision claim against Paul Kohari’s estate (valued at 1,040,000) alleging he was Paul’s son despite Paul’s adamance that Robert was the pro… Read More
2019-06-18 06:57
Patrick Fisher died intestate in February 2018 aged 32; his father was Ross (Rossi), a Wakka Wakka man who came to Redfern from Cherbourg in about 1967. Patrick’s mother, Candice Willi… Read More
2019-06-14 02:56
Ian Roderick Douglas died in February 2013 aged 72. Ian was unmarried, with an estate valued at $ 1,250,000. In a Will (“the Will”) made in May 2010, he appointed David Cummins a… Read More
2019-06-04 02:28
Yesterday was Mabo Day, marking the anniversary of the historic Mabo decision. On 3 June 1992, the High Court of Australia rejected the doctrine that Australia was terra nullius (land belong… Read More
2019-06-03 07:45
In June 2011 Leslie Quinn made a video recording on his iPhone he called his Will. It recorded his wishes in relation to the disposition of his property after his death as follows:
“I… Read More
2019-05-28 03:40
Following up a previous post regarding Aretha Franklin who died from advanced pancreatic cancer in August last year. Described as The Queen of Soul, Aretha won 18 Grammy Awards and had… Read More
2019-05-22 23:29
Francesco Pacella died on 10 May 2015 having executed his Will (“the Will”) the day before. In August 2015, probate of the Will was granted to his partner, Patricia Fleming, and… Read More
2019-05-18 00:39
Laura Angius and her estranged husband John Angius co-owned a residence at her death in 2012. They had separated in 2010 but had not had commenced divorce proceedings. Laura’s estate w… Read More
2019-05-14 04:20
John Singleton was an American film director, screenwriter, and producer best known for directing Boyz n the Hood (1991); for which he was nominated for the Academy Award… Read More
2019-05-10 02:37
Suzanne Prien died in February 2016 aged 64; her daughter, Sasha Prien, son Simon Prien, and her former spouse, Percival Kirk Prien (‘Kirk’) survive her.
Suzanne’s estate p… Read More
2019-05-03 00:18
Paul Russell was named the executor and trustee by Euphemia (Mia) Polykarpou in her will of March 2004. Mia died on in March 2015, and probate of her will was granted to Paul in October 2015… Read More
2019-05-01 00:29
American blues singer, songwriter and musician Robert Johnson produced a series of recordings in 1936 and 1937 that owing to the combination of his singing, songwriting and guitar… Read More
2019-04-24 01:55
Neda Bilich died in March 2007 aged 90, her husband of 53 years, Ljubomir, predeceased her by several weeks. Their only child had died in 1958 as a young child.
Neda made a Will in November… Read More
2019-04-18 21:59
Reg Grundy died in Bermuda (his place of domicile) on 6 May 2016, aged 93 years, leaving a will dated 21 January 2011 and sufficient property in NSW to admit the Will to probate in tha… Read More
2019-04-14 23:14
In the third season of Frasier, Niles is retained to testify in a capacity hearing of local millionaire timber baron Harlow Safford aged 78. Following several incidents including disposing o… Read More
2019-04-09 05:54
A trust is an arrangement where a person (“the trustee”) holds property or assets for the benefit of others (“the beneficiaries”).
Unlike a company, a trust is not a… Read More
2019-04-04 02:49
Marija Jakopovic died in September 2015 at the age of 82. She married Josip, and they had two children, Branka and Boris. The family migrated to Australia in January 1965. Branka married and… Read More
2019-04-01 06:39
Daryl Hely died on 10 December 2016 with an estate valued at over $25 million. Daryl’s final Will (“the Will”) was executed 8 days prior to his death; probate was granted i… Read More
2019-03-26 23:26
Some people may think that intestacy rules would be suitable in directing your estate (particularly if you wish your spouse and children to inherit) however you have no control over who cont… Read More
2019-03-19 23:38
A testator’s intention to revoke an earlier Will must be discernible.
Gareth Hughes Roberts aged 53 died in February 2015 in Thailand of injuries sustained in a motorbike accident. Gar… Read More
2019-03-14 01:36
The introduction of same-sex marriage in Australia has lead to same-sex couples having greater access to legal protections surrounding both financial and parenting matters.
Conversely, the a… Read More
2019-03-12 23:18
A beneficiary of a life interest created by a Will can surrender that interest at any time. Often occurring where a Will creates a number of successive interests and the life tenant motivate… Read More
2019-03-04 04:42
Karl Lagerfeld creative director of Chanel, Fendi and his own label, fashion designer, artist, photographer, and caricaturist; recognised for his signature style whi… Read More
2019-02-25 22:12
Hubert Harris died in October 2015. Hubert was married to his second wife Jennifer for nearly 35 years; Jennifer was appointed sole executrix by Hubert’s last Will of December 2013.
Hu… Read More
2019-02-14 02:48
Richard Miruzzi died in March 2016, aged 87. Richard was twice married: both marriages ended in divorce. Between April 2011 and 22 December 2015 or thereabouts, Richard instructed his S… Read More
2019-01-31 00:24
A recent case is illustrative of the need for will makers taking care in naming the executor of there estate in order to avoid conflict and unnecessary delays and expense.
Robyn Wise died in… Read More
2019-01-21 18:32
The Reverend Martin Luther King, Jr. was a Baptist minister, activist, humanitarian, and leader in the African-American Civil Rights Movement. Best known for advocating nonviolent civil diso… Read More
2019-01-18 04:59
In a recent matter, the Supreme Court of Queensland had to decide upon a question of costs in a situation where a deceased person’s family member requested a copy of a document held by… Read More
2019-01-07 01:20
Joel and Yoshiko Chapman met in 2014 and lived together from early 2016; during this time they expressed to each other their wish to have children together. They married in late 2017.
Prior… Read More
2018-12-28 17:23
The Holland’s lived together from 1990 until their separation in July 2007 and divorced in January 2012. They had two children.
In August 2000, the Holland’s purchased a home for… Read More
2018-12-24 08:11
Swedish DJ Tim Bergling (known professionally as Avicii)was found dead reportedly following his suicide in Muscat, Oman in April this year. He was buried in June in… Read More
2018-12-22 20:26
An Advance Care Directive (“ACD”) often referred to as a “Living Will” is a document stating the specific medical treatment that the patient does or does not wish to… Read More
2018-12-19 23:47
Miriam Douglass died in May 2016. Miriam’s last will dated 29 September 1999 (the Will) appointed Elizabeth Paulsen and another person as executors and trustees. Elizabeth was lef… Read More
2018-12-13 04:07
If you die without a Will or leave a Will deemed by the courts to be ineffective as it:
Fails to properly dispose of all your assets,
Does not meet the legal formalities of being correctly s… Read More
2018-12-11 00:38
Lorna Backhouse lived not far from the Blue Mountains Botanic Garden at Mt Tomah (the “Mt Tomah Garden”), where she was a regular volunteer.
In January 1996, Lorna created a Will… Read More
2018-12-09 19:45
Josipa Sreckovic died in December 2015, aged 90 years. Josipa’s husband, Jezdimir predeceased her. There were two children of their marriage, Lillian, and Gina aged 65 and 59.
Josipa m… Read More
2018-12-03 01:31
In New South Wales law it is possible to become the owner of land by ‘adverse possession’ often referred to as ‘squatters’ rights’… Read More
2018-11-22 00:44
In an earlier post, I discussed Privileged Wills which had extended from Roman Law from at the time of Julius Caesar, granting a special privilege initially to soldiers, and then seamen to g… Read More
2018-11-20 06:28
A holographic will is a document that has been handwritten and signed by the Will maker – often created in emergency situations; whilst not meeting the requirements… Read More
2018-11-15 04:38
In an earlier post, we discussed the rather uncommon occurrence of appellate probate litigation in the Australian High Court. On 15 August this year, the Court unanimously held that Homayoun… Read More
2018-11-14 02:58
Stieg Larsson who wrote the novel The Girl with the Dragon Tattoo (as part of the Millenium Trilogy); died in 2004 (before the novel was published) without a Will.
Stieg and Eva Ga… Read More
2018-11-07 00:37
Radan Rogic married Ljubica Pacic in April 1989 after knowing her for five months. Radan was 31 and Ljubica was 42 years old. They divorced in December 1992. There were no children of the ma… Read More
2018-11-02 06:26
Melita Jackson died in 2004 aged 70. She had been widowed in 1961 whilst pregnant with her daughter Heather. In 1978 when Heather was 17 she left home to live with her now husband, with whom… Read More
2018-10-30 02:38
We have posted about proprietary estoppel claims being brought by relatives who believe they have acted in their detriment based on a promise that they will inherit a substantial portion of… Read More
2018-10-23 04:10
Family provision legislation imposes a legal obligation on the Will maker to make proper provision for the support and maintenance of certain defined dependents.
Family Provision Legislation… Read More
2018-10-18 23:20
I have posted before about the forfeiture rule, which is a principle that prevents a person from benefiting from their wrongful conduct and can be described as a fundamental principle of jus… Read More
2018-10-17 01:06
Amy Winehouse died in July 2011 from alcohol poisoning aged 27 without a Will. Her estate was valued at around $7 million.
Newspapers and magazines reported that her estate would be worth as… Read More
2018-10-16 02:08
Afeni Shakur Davis, a former member of the Black Panther Party and Administrator of her son Tupac Shakur’s estate following his death in 1996, died in 2016. Her Lawyers believe that th… Read More
2018-10-11 06:50
I have posted before about the need to discuss with your loved ones and medical professionals your care requirements if at some stage you suffer a catastrophic illness or injury. By di… Read More
2018-10-09 04:17
Pablo Picasso died in April of 1973 at the age of 91 with an estate including assets estimated to be valued somewhere between $100 million and $260 million. Surprisingly he left no Will, and… Read More
2018-10-07 19:48
A car once owned and raced by Peter Brock broke an Australian motorsport auction record after it was sold at auction last weekend.
Peter was one of Australia’s best-known and most succ… Read More
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