Contact Us

    The foundations of Estate Litigation

    By Andrea Harrold on Mar 18, 2020 11:59:04 AM

    Estate Litigation concerns suits against the Estate of a deceased person, usually because they were passed over for an inheritance but also in relation to how the Estate is being managed or in relation to the validity of a Will.

    Continue Reading

    The costs in an Estate Dispute

    By Matthew Sibley on Oct 14, 2019 12:32:00 PM

    An area of law of specific focus in respect of costs orders is family provision matters, commonly known as ‘estate disputes’. Section 99 of the Succession Act 2006 (NSW) states that the court may order the costs of proceedings in relation to a deceased’s estate to be paid out of the estate “in such manner as the Court thinks fit”. This grants the court wide discretion in respect of the costs orders it may make in interlocutory matters and the overall proceedings.

    Continue Reading

    Can handwritten notes on a Will be valid?

    By Andrew Frank on Sep 6, 2019 12:57:46 PM

    The recent decision of Estate of the late James Sundell [2019] NSWSC 1108 highlights the issues and complexities that surround making handwritten amendments to a Will after it has already been signed.

    Continue Reading

    When a Will is made in suspicious circumstances

    By Andrew Frank on Aug 22, 2019 5:10:00 PM

    If you are concerned that a Will was signed in suspicious conditions, you are able to challenge it. The NSW Court of Appeal in its recent decision of Mekhail v Hana; Mekail v Hana [1] had reason to consider this question and identified the major legal principles to be considered for a suspicious Will.

    Continue Reading

    What to do when an Executor puts the Estate in jeopardy

    By Andrew Frank on Jun 6, 2019 11:08:10 AM

    The sense of loss and grief after losing a loved one is heightened when the Executor seems to be unwilling or is unable to process the Will by applying for the grant of probate. A delay can see the assets devaluing.

    Continue Reading

    Why we don't recommend Mutual Wills

    By Andrew Frank on May 20, 2019 12:32:37 PM

    What is a Mutual Will?

    Continue Reading

    Can an Enduring Power of Attorney act in their family's best interests?

    By Andrew Frank on Apr 24, 2019 1:29:47 PM

    This article uses the matter of Reilly v Reilly [2018] NSW CA 322 to outline what an Enduring Power of Attorney is able to do without express power.

    Continue Reading

    Joint Ownership for Property

    By Andrew Frank on Apr 16, 2019 4:05:59 PM

    When partners purchase a property together they are known as joint tenants. The most important legal concept in joint ownership is survivorship. So, what does that mean?

    Continue Reading

    Are the assets of a Testamentary Trust included in a property settlement?

    By Andrew Frank on Apr 4, 2019 4:53:16 PM

    It is an interesting scenario when considering if the assets of a testamentary trust should be treated as property in a divisible pool of assets in a family law dispute. More commonly these issues have been considered in relation to inter vivos Discretionary trusts.  There is however, a series of family law cases which help to establish key principles.

    Continue Reading

    How many anniversaries do you need to have until you have a claim on your de facto partner's estate?

    By Andrew Frank on Apr 2, 2019 4:16:54 PM

    In the matter of the Estate of Hawkins; Huxtable v Hawkins [2018] NSW SC 174, Mr Justice Lindsay was asked to consider whether the Plaintiff could successfully bring a claim against the estate of her de facto partner when the relationship was of only 3 years standing.

    Continue Reading