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
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Read this before you die to find out about what happens after you die
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
2022-04-14 22:24
An executor’s role is to get in the assets of the deceased, to pay the estate debts, the legacies given by the will, and distribute the estate assets. It is common for a will-maker to… Read More
2022-02-21 01:41
In Australia, following adoption, the adopted child becomes a full member of the adopting parents’ family and generally, all prior legal familial relationships cease to exist.
In… 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
2022-02-06 10:53
A Court appoints an administrator pendente lite to impartially manage and preserve a deceased estate for the benefit of those persons who may ultimately be found to be entitled to it.
Sec… 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
2022-01-05 23:29
Section 33(1) of the Succession Act 1981(QLD) enables the court to rectify a will if it is satisfied that it does not carry out the testator’s intentions because-
(a) … 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
2021-12-21 22:26
The appellants, (the vendors), and the first to fourth respondents, (the purchasers), entered into a contract for the sale of land in Byron Bay in July 2015. The fifth respondent, guaranteed… Read More
2021-11-09 03:33
Charlotte Brown (the plaintiff) is the executor of Betty Hunt’s (the deceased) estate. The deceased died on 22 June 2018 leaving a Will (“the Will”) dated 6 October 2014 n… Read More
2021-11-01 03:55
The Public Trustee of Queensland applied for an order to administer the estate of Kevin Middleton, who died in Brisbane on 22 December 2016, under s 29(1)(a) of the Public Trustee Act 1978… Read More
2021-10-29 21:48
Paula Anne Bates had a close association the Genesian Theatre Company Inc (‘the Theatre’) for over 30 years. In late 2007 and early 2008, Paula instructed her solicitor to dr… Read More
2021-10-20 07:34
Mary Elizabeth Patchett (the deceased) executed a Will (the Will) on 2 October 2014 in the presence of two witnesses, appointing her son Neil Patchett,(the applicant) as her executor and… Read More
2021-10-12 01:37
John Flanagan died on 18 February 2020. In a draw of John’s desk, a sealed envelope was found addressed in his handwriting with the word ‘WILL’ . The en… Read More
2021-10-06 01:43
Intestacy occurs when the whole or part of a deceased’s estate is not disposed of by a will. Property in an intestate estate is usually distributed according to statute. Until rece… 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
2021-09-21 06:13
In the United Kingdom s124 of the Senior Courts Act 1981, (‘SCA 1981’) provides that when a grant of probate is made, any Will or other documents that are relevant to that g… 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
2021-09-07 23:48
In Australia, on intestacy some jurisdictions do not distinguish between the entitlements of full siblings and half-siblings; s 101 of the Succession Act 2006(NSW) defines bro… Read More
2021-09-05 04:42
Section 8 of the Wills Act 2000 (NT) (the “Wills Act”) provides that a will is not valid unless it is written, signed by the testator – or by some other person in the pres… 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
2021-08-18 22:52
Susan Sugars died on 23 March 2018 without leaving a will that had been executed with the formalities required by the Wills Act 1936 (SA). (”the Act”)
Susan was sur… Read More
2021-08-17 22:51
In Hatsatouris v Hatsatouris [2001] NSWCA 408 [56], the NSW Court of appeal observed the questions arising on applications for letters administration of an informal will are essentially que… 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
2021-07-18 02:27
Jennifer Hartung sought to have a copy of a document said to be the Will of Horst Paul Hartung (the deceased) admitted to probate under s 10(2) of the Wills Act 2000 (NT) (the Act). The docu… 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
2021-06-06 11:05
Jason Gill challenged the dismissal of his action seeking a declaration that the executors of the late William Garrett held certain property on trust for him, and in the alternative, sought… 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
2021-06-02 16:38
George Sclavos (the deceased) died suddenly on 13 August 2013 at the age of 65, leaving an estate of approximately $6 million. The deceased had never married, had no children and no survivin… Read More
2021-05-25 07:33
Richard Desautel shot and killed an elk without a hunting license in the Arrow Lakes region in British Columbia in October 2010. He was charged with hunting without a license and hunting big… Read More
2021-05-22 06:57
Ric Ocasek died on September 15 2019 aged 75 while recovering from heart surgery. An American singer-songwriter-musician and record producer born Richard Otcasek in Baltimore, he is best kn… 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
2021-05-09 02:24
Wills in Queensland
Section 10 of the Succession Act, provides that a will must be in writing and signed by the testator in the presence of two witnesses. On 23 April 2020, the COVID-19 E… Read More
2021-05-05 10:11
The Inheritance (Provision for Family & Dependants) Act 1975 (“the Act”) provides where the deceased has not made ‘reasonable financial provision’ under their wil… 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
2021-04-16 04:09
The Document
On 1 March 1996, John Webster executed a document, prepared by the Clerk of the Court in Barcaldine acting as agent for the Public Trustee entitled “Instructions fo… Read More
2021-04-12 10:45
In PERGOLETO v CHANDLER & ORS [2021] SASC 30 the applicant is one of the children of Antonia Pergoleto (“the deceased”) who died in August 2018. A grant of probate was made i… Read More
2021-04-06 08:17
A devastavit means ‘to have laid waste’ defined legally as – a mismanagement of the estate by the deceased’s legal personal representatives
“in squanderin… Read More
2021-03-28 00:23
In September 2010 KH died aged 63 in Kochi City, Japan leaving an estate in Japan valued at more than $1.2 million and three bank accounts (“moveable property”) in Queensland va… Read More
2021-03-25 18:26
In New South Wales Aboriginal objects are the property of the Crown, under s 5(1) of the National Parks and Wildlife Act 1974 (NSW), (”the Act”) an “Aborigi… 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
2021-03-04 06:09
Giuseppina Condo died on 16 May 2020 survived by her five adult children. Although the relationship between the children was strained Giuseppina named two of her children, Maria (the plaint… 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
2021-02-01 12:00
Donald Whiteway died on 14 July 2003, aged 74. Donald married Sheila in 1956; although they separated in January 1984 they remained married until Sheila’s death in December 1985. There… 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
2020-12-31 03:39
Frank Radinksi died in September 2018 at the age of 85 he married twice. Frank had two daughters Anna and Blzena (“the Plaintiff”) with his first wife Jela who died in 1983. He l… Read More
2020-12-20 04:58
Robert Rathswohl, sought a family provision order under the Succession Act 2006 (NSW) from his father’s estate for his maintenance and advancement in life. Robert’s sister, Yvet… 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
2020-12-03 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
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