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Estate of Dean John Edmunds[2025] NSWSC 223 Background Dean John Edmunds died suddenly on 15 November 2019, apparently intestate (without a Will). He was divorced and survived by four children, who are his next of kin. His estate, valued at a net $256,827, primarily consists of a half interest in the Oaklands Hotel and a residential […]
Grants made to creditors of Estates Read More »
In New South Wales, there are several grounds that someone can contest or challenge the validity of a Will. The grounds are: Lack of testamentary capacity – Where the testator (that is, the Will-maker) lacked the requisite capacity required to make a Will; Lack of knowledge and approval – Where the testator was not aware
How do you contest or challenge a Will? Read More »
When courts consider family provision claims under section 59 of the Succession Act 2006 (NSW), a recurring issue is whether – and to what extent – allegations of historical sexual abuse by the deceased can be taken into account. This issue was notably addressed in Page v Page [2016] NSWSC 1218 and subsequent appellate decisions.
The Court’s Approach to Historical Sexual Abuse in Family Provision Claims Read More »
Mediation is a structured process where the people involved in a dispute come together with the help of a neutral person called a ‘mediator’ (often an experienced barrister or solicitor in private mediations or a registrar of the Court for a court-annexed mediation) to try to resolve the dispute. The mediator helps the parties talk
What is mediation? Read More »
In New South Wales, an executor generally cannot take fees without the consent of the beneficiaries or a specific clause in the will allowing for such payment. The executor’s right to claim commission (a payment for their work) is not automatic and depends on various factors. Here’s a more detailed explanation: Will Provisions: If the
Payment for Executors Read More »
What is mediation? At mediation, the people involved in a dispute come together with the help of a neutral person called a ‘mediator’ to try to resolve the dispute. The mediator helps people talk about the problem to find areas of agreement and common ground, to understand the other person’s needs and perspective and to
Estate Disputes (NSW) – Mediation Information 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
Do you know who can make a claim to change your Will? Read More »
MJM Lawyers Knowledge Base It’s what you know. No Win No Fee Arrangement – What you need to know No-Win-No-Fee arrangements proceed on the basis that clients will not be charged fees unless they ‘win’ the case. For the purpose of these agreements, a settlement in which the client receives a sum of money is
No-win, No-fee arrangements – What you need to know Read More »
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