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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 »
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 »
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 »
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