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
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Read this before you die to find out about what happens after you die
2020-12-03 00:09
Barnes v Addy (1874) outlined what may constitute third-party liability concerning breach of trust or fiduciary duties: ’Knowing receipt’ and ‘knowing assistance’… Read More
2020-11-27 01:35
Alice Critchley made a Will consisting of only four clauses, in October 1964, (‘the Will”) and died in December 1967 survived by her eleven children. Probate of the Will was gran… Read More
2020-11-20 03:33
Ethel Greenham died in February 2017 aged 80 years of age with an estate valued at over $2M. Ethel’s Will dated 9 December 2003, named her daughter Jennifer executor leaving land at Pe… 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
2020-11-05 06:50
In New South Wales you can become the owner of land by ‘adverse possession’; colloquially known as ‘squatters’ rights’ allowing someone to legally take ownershi… 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
2020-10-29 01:43
Chadwick Boseman was diagnosed with colon cancer in 2016; enduring surgeries and chemotherapy as he became one of Hollywood’s biggest stars, he died in August.
“in his home, w… 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
2020-10-09 07:15
Melville Gooley, died on 23 December 2017. Two of his daughters Aleta and Melinda were named as the executors of Melville’s Will dated 18 July 2014 (the 2014 Will). Following Melville… Read More
2020-09-27 07:14
In the Estate of Jansen [2020] ACTSC 130 Ronald Jansen’s wife Cheryl and sister Sonja sought a declaration that an undated document signed by Ronald constitutes his Will although it do… Read More
2020-09-23 03:30
Charles Campbell Coghlan died in March 2017 leaving one-third of the residue of his estate to
‘Diabetes Australia of 26 Arundal Street Glebe New South Wales’.
no entity fits that… Read More
2020-09-18 07:12
Recently I discussed the genesis of Calderbank offers, an offer of settlement expressed to be
“without prejudice save as to costs”
A Calderbank offer can be oral or in w… Read More
2020-09-17 05:04
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 exercisi… Read More
2020-09-05 09:52
In the eighteenth and nineteenth centuries in England and Wales, body-snatchers or resurrectionists were commonly employed by anatomists. A shortage of available bodies for medical students… Read More
2020-08-28 06:25
Shirley Hartley died in June 2016 survived by her sons Craig, Shane, Peter and Damian.
Shirley executed her last will (“The Will”)in March 2015 appointing Shane as executor an… Read More
2020-08-18 03:29
On 15 December 2017 after completing work on his farm Rodney Peter Green (“Rodney”) left home intending to drive to Hall Bay on the Eyre Peninsula to set cray pots to catch cray… Read More
2020-08-14 00:33
On February 16, 2019, Lyn ‘Raz’ Burtonwood was rostered, for morning surf patrol at Lighthouse Beach, Ballina, with other members of the Ballina Lighthouse and Lismore Surf Life… Read More
2020-08-08 07:34
Ljubica Dimitrovska who died in November 2014 had three children: the first, Radmila, born in Macedonia in 1948, from her first marriage, which ended in divorce about 1950; the second, Lidi… Read More
2020-07-31 02:40
A charitable trust provides a will-maker with the ability to specify a particular cause they wish to benefit and enables the trustees greater flexibility in carrying out the will makers wish… Read More
2020-07-30 00:51
In the United Kingdom, s 9 of the Wills Act 1837 provides that a will must be in writing and signed in the presence of two witnesses.
Witnesses to the document must not include anyone who… Read More
2020-07-24 01:37
Dr William (“Bill”) Garrett pioneered the worldwide development of diagnostic ultrasound to monitor pregnancies in the 1960’s died in November 2015.
In 1957, Bill met a… Read More
2020-07-09 07:11
Denys Wlademir Pasitschnyk (“Denys”) died in April 2016 with an estate estimated to be worth around $1 million.
On September 1, 2016, Susan Coleiro entered a caveat to ensure… Read More
2020-07-04 07:30
Sir Colin Mackenzie, was an Australian anatomist, benefactor, museum administrator and director who died in 1938; his wife Lady Winifred MacKenzie died on 21 February 1972.
Lady Winifred… Read More
2020-07-02 06:29
Promissory Estoppel is an equitable remedy that operates where a person has acted in reliance of a promise made. Where the promisor induces the promisee to believe that certain contractual r… Read More
2020-06-29 10:08
In November 1974 Richard Bingham, 7th Earl of Lucan commonly known as Lord Lucan, vanished after his children’s nanny Sandra Rivett, was found bludgeoned to death, and his ex-wife was… Read More
2020-06-18 05:08
A testator must, at the time of signing, have had an intention to putinto effect a document that comes within the definition of a will. This intention can be expressed in the document, by th… Read More
2020-06-14 05:25
A Crisp order is a Court Order that provides an applicant with a portable life interest in particular items of estate property; allowing the applicant to use the value of specific estate ass… Read More
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
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
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