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Keaton v Gumulak [2020] NSWSC 943 – Hallen J This case concerned a claim for provision by the deceased’s adult daughter. The deceased died on 31 May 2018. She left a Will dated 27 May 2018. The plaintiff was the first child of the deceased, having been born to the deceased and her first partner. […]
Family Provision Case – Effect of estrangement between deceased and adult child Read More »
Lester & Ors v Lester & Ors; In the Estate of Dulcie Brown [2020] NSWSC 958 – Kunc J This case concerned four separate claims for provision from the estate of the late Dulcie Brown. The deceased died on 2 April 2017 and was survived by her three adult children, Sandra, Terry and Paul. The
Family Provision Case – Member of a household Read More »
Brindley v Wade (No 2) [2020] NSWSC 882 – Hallen J This case concerns a family provision application made by the deceased’s former spouse for provision from the deceased’s estate or notional estate. The deceased died in July 2018 leaving a Will, three children and two ex-wives who were eligible to make a claim for
Family Provision Case – Claim by ex-wife Read More »
Gill v Garrett & Ors [2020] NSWSC 795 – Slattery J Facts: This case concerned various claims made by a friend of the deceased who moved in with the deceased. The friend claimed that the deceased promised to leave him his Paddington property, if he cared for the deceased until his death. In the meantime, the
Hallmark case against elder abuse Read More »
Smith v Moore [2020] NSWSC 1446 – Williams J Facts: Yvonne Gwendoline Smith (‘the deceased’) passed away on 25 June 2018, leaving eight of her nine children and a Will dated 20 August 2014 (‘the Will’). The Will gifted pecuniary legacies to 6 of the deceased’s 8 surviving children and left the residue of her estate
Family Provision Case – Financial Disclosure Read More »
After a person passes away, their next of kin or nominated executor does not automatically obtain the authority to distribute the deceased persons assets (ie their estate). Generally, the appropriate person must obtain either a Grant of Probate or a Grant of Letters of Administration from the Supreme Court of New South Wales (“a Grant”)
Do I need to obtain a Grant of Probate? Read More »
A person may still be able to make a Will, even if they are suffering from dementia or some other form of cognitive impairment, as explained in the recent case of Estate Rofe Defining testamentary capacity A Will may be disputed on the ground that the testator (person who made the Will) did not have
Can you make a Will, even if you have dementia? Read More »
Under statute, unsecured debt becomes unrecoverable 6 years after the limitation period begins. This is particularly important to consider in estate planning, where the concerned parties may accumulate substantial amounts of debt over many years, surpassing the 6-year limitation period. If the person who loaned the money (“the creditor”) is not aware of the limitation
Estate Planning and loans Read More »
There are a variety of different ways in which disputes can be resolved. The particular method or pathway that will be right for you will depend on the nature of the dispute, the personalities involved and the stage at which the dispute has reached before you seek advice from us. Often one or more approaches
Will Dispute Resolution Centre Read More »
Fees for Wills vary dramatically from firm to firm. There are those firms who charge about $300 for a Will and those that charge $3,000 or more. If your circumstances are simple, then you might think the $300 Will (or even a post-office Will) is fine. However, often people think they only need a simple
How much should a Will cost? Read More »
Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020] NSWSC 944 – Hallen J This case concerned an application for a Benjamin order by the NSW Trustee and Guardian (the plaintiff) acting as Administrator for the estate of Edward Charles Turner, who died intestate (without a will) on 22 September 2012. The
What to do when you can’t find or identify a beneficiary Read More »
Milson v Milson [2020] NSWSC 919 – Sackar J This case concerned an application by the deceased’s mother for a grant of letters of administration for the purpose of the burial of the remains of the deceased. The application was opposed by the deceased’s wife (the defendant) and the deceased’s son who both sought a
Who has the right to deal with the deceased’s body? Read More »
Section 54 of the Succession Act NSW 2006 sets out who is entitled to a copy of the will of a deceased person. It says as follows: Succession Act 2006 No 80 Current version for 1 December 2018 to date (accessed 12 August 2020) Chapter 2 Part 2.5 Section 54 54 Persons entitled to inspect
Who is entitled to a copy of the Will of a deceased person? Read More »
When a person dies, it is important to locate their most recent Will so that the executor can be notified and the estate administration process can begin. Usually, a Will can be found where other important documents are stored, such as in a filing cabinet or desk draw. However, in some cases a Will may
Where and how to look for a Will Read More »
Initial Steps Arrange for pet care Secure house– change locks if necessary Move vehicles to a secure location Store valuable household items (including computers and phones) in a secure location Check for funeral documentation Check for a Will (or a later Will than any you are aware of) and if found, take notes and photo
Steps to take when someone passes away Read More »
Liability limited by a scheme approved under Professional Standards Legislation Disclaimer: This post contains information of a general nature only and is not intended to be used as advice in relation to a specific matter. Although every care has been taken in preparing the document, it may not be accurate or complete, particularly in the
Deceased Estate Administration and Resolution Service (DEARS) – The steps involved Read More »
Liability limited by a scheme approved under Professional Standards Legislation Disclaimer: This post contains information of a general nature only and is not intended to be used as advice in relation to a specific matter. Although every care has been taken in preparing the document, it may not be accurate or complete, particularly in the
5 Steps to obtaining a Grant of Probate or Letters of Administration Read More »
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