All publications relating to ‘Contested Estates’
Tips and traps for granting life estates
Generally speaking, a life estate gives full ownership rights to the recipient, other than the right for the recipient to pass the property to their heirs upon their recipient’s death. A life estate may be granted with certain conditions attached. Life estates are a common mechanism used as part of estate planning in blended…
Balancing costs and claims in family provision applications
Costs are an important consideration in all legal proceedings. Deceased estate litigation, however, often involves litigants with modest means, and the associated financial implications can therefore be vastly different to that of commercial disputes. Indeed, where a claim is made upon a small or moderately sized estate, it may become more difficult…
The problem with informal Wills
In NSW, section 8 of the Succession Act 2006 (NSW) (Act) lets the Court dispense with the formal requirements for a will. However, it would be imprudent to rely on this provision (and state and territory equivalents if you are outside of NSW). It is always best to comply with the formal…
A Will with no beneficiaries? An expensive mistake
Consulting a lawyer might seem expensive to some. A defective Will, however, can prove even more costly. Will making is a significant component of later life planning, and in nearly all situations will require professional legal advice. On a basic level, legal advice should ensure that the Will itself is a legally sound document and will…
Murder and inheritance – the $40 bottle of wine story
Everybody knows the basic rule – a person must not kill another. When it comes to dealing with the estates of victims of an unlawful killing, that rule becomes – a person shall not kill and inherit. In this article, we explore the application of the forfeiture rule to inheritance from a deceased…
5 ways your step-child could claim on your estate
Step-children may be able to make a claim against your estate if they are able to prove firstly, their eligibility, and secondly, that you have not given adequate provision for their proper maintenance, education or advancement. 5 different cases are discussed below. I have an estranged relationship with my step-child and I haven’t seen…
We can’t build our wills on suspicious minds
What to expect when challenging a will made in ‘suspicious circumstances’ Key points Courts presume that wills are made validly – that is, that they are prepared and executed correctly, and that the testator knows about and approves of the contents of the will These presumptions are open to challenge where the…
Where there’s a will there’s a relative! Claims against deceased estates
In brief This year marks the 100th anniversary of the commencement of family provision legislation in New South Wales. Despite this, we are continuously surprised by the number of people who come to see us about their estate planning needs and who are not aware that their will may be…
Can I disinherit my wayward child from my will?… You may be surprised!
In Brief Who can make a claim against your estate? What needs to be established by the applicant? What will the court consider? Read on as we answer these important questions along with proactive strategies to help protect your estate. Who can make a claim? Chapter 3 of the Succession Act 2006 (Act) empowers certain…