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What is "bare paternity"?

by Alex Munro on 2017-08-28 – 0 Comments

A recent decision of the Supreme Court of NSW, Kohari v NSW Trustee & Guardian [2017] NSWSC 1080 has highlighted issues about ‘bare paternity’ in family provision claims.

The matter concerned an application made by a person claiming to be a biological son of the deceased who had never really met his father. The applicant’s father divorce […]

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Daughter successful in notional estate claim

in Notional Estate by Alex Munro on 2017-05-22 – 0 Comments

Carusi-Lees v Carusi [2017] NSWSC 590

The family provision list judge in the Supreme Court of NSW has recently heard and determined a family provision claim brought by a biological daughter of the deceased who died in December 2014. The deceased made a will in 2013 which left the whole of his estate to his second wife and made no provision f […]

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Interim distributions from an estate

in Challenge/ Contesting a Will by Alex Munro on 2017-02-27 – 0 Comments

There are rules and laws that apply to when and how a deceased estate may be distributed by an executor. For example, part of section 92 of the Probate and Administration Act (NSW) 1898 (which applies to all estates in NSW) provides that the executor may distribute assets from the estate with protection as long as 6 months from the date of death has elapsed, they have advertised the presc […]

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How to Contest a Will

in Challenge/ Contesting a Will by Beth Castell on 2017-02-21 – 0 Comments

If you want to contest a will, there are a few things you should know. Keep reading to find out.

Essential elements

Someone must have died. To some this might seem obvious, but to others it might not. If you wish to make a claim on an estate, there must be someone who has died in order to do this.

  • There must be […]
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Interpreting and constructing Wills

in Probate & Administration by Beth Castell on 2017-02-16 – 0 Comments

Disagreeing about terms of a Will

A man made a will in which he gave his wife the right to live in a property for ‘as long as she wishes’ and for the property to be sold and proceeds distributed when she ‘ceases to reside permanently’ in the property.

The will then said that once his wife ceases to reside permanently in the property that it should be sold and the proceeds split into t […]

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Don't delay in making inheritance claims!

in Challenge/ Contesting a Will by Beth Castell on 2017-01-16 – 0 Comments

A widow filed an application in Court to make a claim on her late husband’s estate. She was, however, 63 days late in filing the application. Although the Court has discretion to extend the time for making such an application, it did not do so in this instance.

The deceased’s estate was worth almost one million dollars. The widow married her late husband almost eight months prior to his death, […]

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Successful claim by adult grandchild, unsuccessful claim by adult child

in Family Provision Claims by Kerry Gale on 2016-12-06 – 0 Comments

In the case of Re Filomena Rodi, deceased [2016] NSWSC 1696 a claim by a self-sufficient adult daughter entitled to a one quarter share of her mother’s deceased estate was dismissed and an application by an adult grandson, who lived with the deceased for approximately a decade in a close family relationship, was successful.

The deceased died, aged 95, leaving an estate valued at approximately $ […]

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Testamentary capacity and family provision claim by adult grandchild

by Kerry Gale on 2016-11-25 – 0 Comments

In the case of Application by Craig-Bridges; The Estate of Ella Minnie Lillian Bush; The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian [2016] NSWSC 1611 the deceased’s adult grandchild Helene claimed the deceased did not have testamentary capacity at the time she made her last three wills leaving her estate to two charities and, in the alternate, that no provision was not proper […]

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Daughter claims against estate left mostly to sons

in Family Provision Claims by Alex Munro on 2016-11-09 – 0 Comments

Saba v Saba [2016] NSWSC 1576

The deceased died in April 2015 at the age of 104. He and his wife, who died in 2009, left 6 surviving children.

The deceased’s distributable estate worth around $1.8 million was divided between the 6 children unequally. Two of the daughters received pecuniary legacies (cash gifts) of $50,000.00 each, and another daug […]

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My ex-husband / ex-wife died. Can I make a claim on their estate?

in Challenge/ Contesting a Will by Beth Castell on 2016-10-25 – 0 Comments

When trying to work out whether you’re entitled to make a claim on a deceased’s person’s estate, you first have to flip to section 6 of the Inheritance (Family Provision) Act 1972 (“the Act”).

The Act specifies who is eligible to make a claim on an estate. Second on that list is a person who has been divorced from the deceased person.

This surprises a lot of people. When taking inst […]

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