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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
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
2020-08-28 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
2020-07-04 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
2020-06-18 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
2020-05-11 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
2020-04-20 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
2020-04-04 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
2020-02-16 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
2020-01-26 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
2019-12-20 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
2019-10-24 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
2019-10-11 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
2019-09-17 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
2019-08-26 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
2019-08-05 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
2019-06-28 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
2019-06-18 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
2019-05-03 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
2019-04-24 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
2019-03-19 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

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