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Cases in Court
Most of our cases are able to be resolved before a Court or Tribunal is required to determine the dispute. However, a selection of judgments delivered in recent cases we have acted in, follow below.
Family provision Claims
Mitar v Mitar [2017] NSWSC 647 – Family Provision
The plaintiff was one of four children of the deceased – The plaintiff’s sister is executor of the deceased’s estate – the plaintiff’s other two sisters brought and settled claims for family provision
Jalife v McIntyre [2020] NSWSC 799 – Family Provision
The plaintiff was the owner of property and defendants and their children (both minors) moved to property to care for plaintiff – defendants were daughter and son-in law of plaintiff – where relationship has broken down and plaintiff now seeks possession of property – cross-claim by defendants for constructive trust – settlement of proceedings at mediation – where settlement involves selling property, distributing balance between the plaintiff and defendants, and paying grandchildren a portion of the estate upon plaintiffs death – where defendants and grandchildren seek approval of release of rights – whether release should be approved by Court – whether agreement was advantageous, prudent and fair and reasonable for the defendants
Wheatley v Lakshmanan [2022] NSWSC 583- Family Provision
Provision made for the plaintiff under the Will of the late Dianne Victoria Lakshmanan, order that there be provision out of the deceased’s estate of a legacy in the sum of $820,000.
Probate
Estate of the late James Sundell [2019] NSWSC 1108 – Contested Probate
After execution of the will, the deceased caused handwritten amendments to be made to the will.
Estate of Lyn Burtonwood [2020] NSWSC 715 – Probate and Administration
Deceased was found to have died by drowning but his body not found – Death certificate issued following Inquest
Estate of Boes [2025] NSWSC 330 – Probate
The deceased died on 16 February 2025. He was survived by his two children, five grandchildren and one great-grandchild. A future contest is likely as to whether the deceased was in a de facto relationship, who also survived him.
Wills
Estate Reid; Roberts v Moses and Palmer [2018] NSWSC 1145 – Will Construction
The deceased died at home, at Point Piper, on 29 August 2015, aged 100 years, leaving a net estate estimated to be worth about $76 million.
Small v Phillips [2019] NSWCA 222 – Statutory Will
The question in this appeal is whether the Court should make an order under the Succession Act 2006 (NSW) (the Succession Act) authorising a will to be made on behalf of the fourth defendant, Mrs Millie Phillips (Mrs Phillips), who lacks testamentary capacity.
Batten v Salier [2023] NSWSC 378 ex temp – Saunders v Vautier application
Laura Angius (“the deceased”) died between 3 January 2012 and 4 January 2012 aged 79 years, leaving an undated “informal” will admitted to probate in solemn form by a grant of letters of administration
Application of Doolan [2023] NSWSC 320 – Application for Judicial Advice
Executors of the estate of deceased legal practitioner seek advice as to whether they are justified in distributing the entirety of the deceased’s estate without retaining any further security not withstanding the potential contingent liability arising from the deceased’s legal practice or a claim for which his estate may become liable.
Richard Joseph Richards v Jessica Kathleen Fletcher and Others [2018] NSWSC 503 – Judicial advice
The deceased did not leave a formal will. Probate was however granted on 4 January 2017 on informal documents being an email from the deceased to the Plaintiff on 1 January 2016 and an Excel spreadsheet.
Gladys Carol Jones v Traci Haelli Jones [2025] NSWSC 448
The plaintiff is 101 years old and is represented by the tutor. The defendant is her granddaughter. The plaintiff sold her house, which yielded net proceeds of $588,969.33. This money was paid into the defendant’s bank account net proceeds from the sale of the plaintiff’s house and spends a large part of it and not able to show that she did so with the plaintiff’s lawful authority or for her benefit despite it being within her power to bring evidence on that subject – Where an order for an accounting is ultimately not opposed and the Court itself conducts the account – HELD: Judgment for the plaintiff together with indemnity costs from the date upon which the plaintiff sought the accounting
