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2022-11-26 18:41
In Tasmania, a statutory will can be made by the Supreme Court of Tasmania or by the Tasmanian Civil and Administrative Tribunal, Guardianship stream (Tribunal ) where a person lacks capacit… Read More
2022-11-23 00:22
John Hyde was ordained as a priest of the Mormon Church in 1847 he was married in Salt Lake City in April 1853, but later became disillusioned with the Church and was excommunicated for writ… Read More
2022-11-17 10:48
Limitation periods protect the rights of defendants by facilitating a resolution within a ‘reasonable’ amount of time. Importantly they prevent the Court from having to preside o… Read More
2022-11-03 21:11
Executors are responsible for administering the deceased’s estate in line with the terms of the will. They have a fiduciary relationship with the estate and are legally bound to act in… Read More
2022-10-25 21:01
In NSW, for wills made after 1 March 2008, s32 of the Succession Act 2006 provides that in proceedings to construe a will extrinsic evidence of the will-maker’s intention is admissible… Read More
2022-10-23 06:17
In South Australia, where a will last known to be held by a testator before their death, cannot be found the Supreme Court presumes that the testator intended to revoke the will. If the… Read More
2022-10-17 11:36
Sections 65 and 67 of the Administration and Probate Act 1919 (SA) concern the interests of vulnerable beneficiaries of administered estates who lack capacity. Under s 65 the court seeks… Read More
2022-10-14 22:33
Section 102 of the Succession Act 2006 (NSW) provides that an intestate is a person who dies, and either does not leave a will, or leaves a will, but does not dispose, effectively, by will… Read More
2022-10-14 22:33
Section 102 of the Succession Act 2006 (NSW) provides that an intestate is a person who dies, and either does not leave a will, or leaves a will, but does not dispose, effectively, by will… Read More
2022-10-11 00:57
Neville Maxwell (the deceased), was survived by his wife, their three adult children and two grandsons. The deceased’s last Will appointed two of his children executors and trustee… Read More
2022-10-10 00:17
Bona vacantia is the Crown’s statutory right to the property of an intestate when no relatives are entitled to it. In most jurisdictions when the intestate is not survived by a spouse… Read More
2022-09-25 07:27
In New South Wales, the Surrogacy Act 2010 provides that a surrogacy arrangement must not be commercial and payment may only be made to cover the expenses related to the pregnancy: s 5. The… Read More
2022-06-11 22:54
An administrator is responsible for the proper distribution of the estates assets to creditors or beneficiaries. The creditors must be paid in priority to the beneficiaries. If the administr… Read More
2022-05-27 09:10
Following the passage of the Voluntary Assisted Dying Bill 2022 (NSW), New South Wales became the last jurisdiction in Australia to provide terminally ill adults with the ability to choose t… Read More
2022-05-19 10:36
When an original Will has been lost or destroyed without the intention of revoking it, an application can be made for a grant of probate on the copy of the Will. The order of the Court no… Read More
2022-05-14 12:41
The Channel Islands which include Jersey are the last vestiges of the ancient Duchy of Normandy which, following the Norman Conquest of 1066, was united with the English Crown. They have the… Read More
2022-04-28 10:54
In NSW, once an adoption order is made the adopted child ceases to be regarded as the child of the birth parent: s95(2) of the Adoption Act 2000. Background Glenn Daley (the plaintiff… Read More
2022-04-24 00:10
In New South Wales where the deceased has provided consent the Human Tissue Act 1983 permits removal of human tissue after death for transplantation or other therapeutic or medical use in an… Read More
2022-04-16 12:07
Section 9A of the Administration and Probate Act 1929 (ACT) provides that probate of the will or administration of the estate, of a person may be granted by the Supreme Court if it is satisf… Read More
2022-02-12 11:17
The fundamental purpose of equitable estoppel is to protect a person from acting to their detriment by preventing the promisor from resiling from their promise or representation; proprietary… Read More
2022-02-01 11:14
The Administrative Appeals Tribunals (AAT) review decisions made by government departments by assessing the relevant facts, law and policy to make the legally correct decision or, where ther… Read More
2022-01-25 12:53
It has been said that a residuary clause is the most important clause in a will as it sets out who will inherit the remainder of the deceased’s assets once any debts, funeral expenses… Read More
2022-01-07 05:24
In a recent case, the Supreme Court of New South Wales court of appeal observed the ruinous nature of family provision claims by adult siblings. This included the financial burden of the lit… Read More
2021-12-29 07:15
In New South Wales s27 of the Limitation Act 1969 (NSW) provides for a claim of adverse possession – colloquially known as ‘squatters’ rights’ – allowing someon… Read More
2021-12-24 20:42
At common law there are at least three different types of capacity best illustrated in the context of making a will: legal capacity – being 18 years or older (although there are exc… Read More
2021-10-01 11:39
Jack Kerouac died in October 1969 with an estate valued at $91.00. At odds with his third wife, Stella Sampas, Jack’s will left everything to his mother, Gabrielle, leaving no ment… Read More
2021-09-28 23:30
Marcia Ann Dolan (the deceased) left a Will dated 26 June 1998. Clause 6 of the Will, dealt with the residue of Marcia’s estate and provided for it to be divided: as to 40% to Mar… Read More
2021-09-23 07:57
An individual who enters politics and wants to avoid any appearance of conflict between their role in government policy and their personal interests may place their assets into a “… Read More
2021-09-17 07:13
Following a person’s disappearance for at least seven years, that person may be presumed to be dead. However, whether the person has died is a question of fact therefore it is not alwa… Read More
2021-09-16 11:10
Where a person has died leaving assets in the British Virgin Islands (BVI), one of the following will be required in order to deal with those assets (1) a grant of probate has been issu… Read More
2021-08-31 19:45
A Calderbank offer is made by one party putting the other side on notice that if the dispute goes before a court, and the outcome is less favourable to the other, the court, in exercising it… Read More
2021-08-30 05:20
Sidney Nolan one of Australia’s most significant modernist artists, was already an established artist when he married his second wife, Cynthia, in 1948. Soon after the marriage, Sidney… Read More
2021-08-26 07:04
Alan and Gwyneth Grant married in 1953 and had five children, Nerez, Seth, Ryven, Miles and Tansin. Gwyneth died in May 2017 and Alan in November 2019. The Grant family life was marred by co… Read More
2021-08-20 12:34
David Lewis and his brothers Peter, Roger and Hugh had a history of conflict and estrangement which renewed around March 2012. Background In May 2010 Pamela Lewis instructed her solic… Read More
2021-08-17 00:11
The forfeiture rule precludes a person who has unlawfully killed another person from acquiring a benefit in consequence of the killing: s3 Forfeiture Act 1993 (NSW)(“the Act”)… Read More
2021-08-15 08:19
Dino Cudia died on 29 March 2019; he was predeceased by his wife Lorraine, who had died on 29 July 2008. Dino had two children with Lorraine – Santina (the executor) and Andreas and t… Read More
2021-07-20 10:42
A Calderbank offer is made by one party putting the other side on notice that if the dispute goes before a court, and the outcome is less favourable to the other, the court, in exercising it… Read More
2021-07-10 12:02
Angela Thompson died on 1 September 2017 having made a Will dated 3 October 2015; naming her husband Trevor executor. Clause 3(b) the Will stated that ‘I wish my children to remain… Read More
2021-07-04 09:09
Jocelyn Richardson died in April 2016 survived by her three sons, Mark, Gregory and Wayne. Under Jocelyn’s  Will dated 12 December 2011 the residue of her estate was left in equal… Read More
2021-06-03 08:22
June 3 is 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 belonging… Read More
2021-05-16 01:24
Gordon Logan died on 5 August 2020, leaving a will prepared by his solicitor and executed in compliance with s 7 of the Wills Act 1997 (‘the Act’) on 26 July 2011 (‘the wi… Read More
2021-04-27 10:03
Joan Todd (“Joan”), a widow, died on 2 April 2018, leaving a will dated 11 September 2006 (“the Will”) appointing her four children, Alexander, Wendy, Bronwyn and Yvo… Read More
2021-04-21 23:02
David Rofe was a prominent NSW barrister, former mayor of Woollahra and a conservative political activist. Admitted to practice as a barrister in 1954, appointed Queen’s Counsel in Dec… Read More
2021-03-13 00:20
In 2018, Pamela Frimont became administrator of the estate of her father Albert Bruce Case, (‘the estate’)who had died intestate in 1968. Albert was survived by a widow Joyce and… Read More
2021-02-27 22:20
In Victoria, for a will to be valid, it must be in writing and signed by the testator and witnessed by two or more people present at the same time; at least two of the witnesses must attest… Read More
2021-02-21 01:24
Larry King was born Lawrence Harvey Zeiger in Brooklyn, New York, in 1933, in an observant Jewish household. Following the death of his father Edward at 44, Larry worked to support his moth… Read More
2021-02-12 02:10
Luciano Paoli is 84 and made a will in 2007 – in late 2019 following changed financial circumstances he instructed solicitors to make a new Will. On 21 November 2019 Luciano’s so… Read More
2021-02-06 06:37
Maria Mammarella died on 18 October 2014; leaving a will dated 4 April 2014 appointing her daughter Marilena and Marilena’s husband, Donald, as joint executors and trustees. Maria left… Read More
2021-01-29 02:46
Teddy Pendergrass the only child of Jesse and Ida Pendergrass was born on March 26, 1950, in Philadelphia. He first sang in church at 2, was ordained a minister at 10 learning to sing and pl… Read More
2021-01-07 03:37
Phung Thanh Mac (“the deceased”) died intestate with a relatively small estate in November 2019. An intestate estate in Queensland is distributed under Part 3 of the Succession A… Read More
2020-12-11 08:29
Brian Palombo died, suddenly and unexpectedly, at the age of 55 in October 2018 without a Will. Brian married Gail in March 1983, migrated to Australia in 1985 living with his parents at the… Read More
2020-11-12 23:36
The purpose of a superannuation death benefit is to provide for the deceased member’s dependants who had a reasonable expectation that they would continue to receive financial support… Read More
2020-10-29 23:00
Birchgrove is a Sydney Harbourside suburb; David Moore and Douwine Andreasen owned and were living in 100 Louisa Road Birchgrove (“No 100”). They met the deceased, Barbara Murphy… Read More
2020-10-15 01:34
John Dodd died in early March 2020. John’s sister Marilyn (the plaintiff) is the executor and sole beneficiary of John’s estate.  John was the registered proprietor of la… Read More

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