Challenge/ Contesting a Will

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 […]

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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 […]

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Mother makes successful family provision claim against son’s estate

in Challenge/ Contesting a Will by Alex Munro on 2016-05-18 – 0 Comments

Elizabeth Ann Bremner v Jennifer Lee Graham [2016] NSWSC 633 A mother has brought a successful claim against her son’s estate on the basis that she was not adequately provided for under the terms of the will. The will provided that the whole of his estate be left to his sole executor and de facto […]

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Executor removed from office, has grant of probate revoked

The Supreme Court of NSW has recently delivered a judgment in James Justin O’Neill v Antony Patrick O’Neill [2015] NSWSC 644. The Court was asked to revoke a grant of probate to allow different people to be appointed to administer the estate and sell a property. The fact circumstances of this matter are fairly unique […]

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The Estate of the Late Neville Wran

No family or estate is immune to a dispute developing after a person’s death, although there are things that can be done to arrange your affairs to ensure the risk of a dispute developing is reduced. The estate of the former NSW Premier, the late Neville Wran is currently involved in legal action before the […]

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Some reasons that wills are contested

in Challenge/ Contesting a Will by Laura Robinson on 2014-07-14 – 0 Comments

The area of wills and estates is a particularly complex area of the law, with a number of technical requirements and specific doctrines. Following a death, there are a number of distinct categories of bases on which a will may be contested. The list is not exhaustive, and most cases turn on their own facts. […]

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