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Family Provision Cases

The Court’s Approach to Historical Sexual Abuse in Family Provision Claims  

https://www.youtube.com/watch?v=qpxWTuqEOKw 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 […]

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What is mediation?  

https://www.youtube.com/watch?v=3pOksLHzYqk 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

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Family Provision Case – Effect of estrangement between deceased and adult child

https://www.youtube.com/watch?v=XOeUE9ZllK0 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

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Family Provision Case – Claim by ex-wife

https://www.youtube.com/watch?v=QqR3rhSLGTo 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

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Family Provision Case – Financial Disclosure

https://youtu.be/6leyc2O8Z80 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

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