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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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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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Life interest in properties inadequate provision for widow

in Challenge/ Contesting a Will by Kerry Gale on 2016-10-13 – 0 Comments

In the matter of Sitki v Sitki; Sitki v Aksoy [2016] NSWSC 1396 the Supreme Court of New South Wales allowed a claim by the deceased’s widow but disallowed a claim by one of his adult daughters.

The deceased died on 26 November 2014, aged 73. He was survived by his widow, Mrs Sitki, who was his third wife.  They were married for 30 years.  He was also survived by two adult daughters born to h […]

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DNA testing ordered to verify parentage

in Family Provision Claims by Alex Munro on 2016-10-05 – 0 Comments

Kohari v NSW Trustee & Guardian [2016] NSWSC 1372

 

A family provision applicant has been ordered by the Supreme Court of NSW to undergo a DNA test in order to prove he is a child of the deceased.

The issue has arisen as the defendant has argued that the person making the application is not a child of the deceased. Whether the person i […]

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I haven't seen my mother in years – can she leave me out of her Will?

by Terence Goldberg on 2016-09-29 – 0 Comments

A general principle of New South Wales law is that a person has the freedom to choose who to leave their property to in their Will.

However, a child of a deceased person may be entitled to claim property out of their parent’s estate if they can prove that adequate provision ought to have been made for them for their “maintenance, education or advancement in life”. This is provided for by sectio […]

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Binding financial agreements and family provision claims

by Alex Munro on 2016-09-12 – 0 Comments

The law is a reflection of our society’s need to have rules and means of dealing with the various situations that result from complex human social interactions. Various types of laws have been developed that deal with all sorts of matters including guardianship of vulnerable people, marriage, property and the administration of property after someone’s death. Sometimes, these laws intersect and the […]

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