Family Provision Claims

Successful family provision claim by de facto spouse of 3 years

in Family Provision Claims by Alex Munro on 2018-02-26 – 0 Comments

The recently reported judgment in the Supreme Court of NSW, Estate Hawkins; Huxtable v Hawkins [2018] NSWSC 174 was a matter involving a family provision claim brought by a person (‘the plaintiff’) claiming that she had received inadequate provision from her deceased partner’s estate. The brief facts of the matter are that the deceased died […]

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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 […]

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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 […]

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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 […]

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Unsuccessful family provision applicant’s costs paid by estate

in Family Provision Claims by Alex Munro on 2016-07-08 – 0 Comments

Revell v Revell [2016] NSWSC 947 A 60 year old son’s family provision application against his father’s $10 million dollar estate has been dismissed by the Supreme Court of NSW. The judge described the difference between the son’s and his late father’s life in his opening remarks: The father’s story is one of survival, […]

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Competing family provision claims

in Family Provision Claims by Alex Munro on 2016-04-18 – 0 Comments

Estate Pascale [2016] NSWSC 443 The Supreme Court of NSW has recently handed down a judgment where it was required to consider a large number of competing claims, even though the estate had limited resources. 3 family provision applications were lodged against the estate, and the Court was required to balance 5 competing claims to […]

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Family provision claim fails 6 years out of time

in Family Provision Claims by Alex Munro on 2016-02-17 – 0 Comments

Henry v Hancock [2016] NSWSC 71 An adult daughter has had her claim for family provision rejected by the Supreme Court of NSW. The claim was brought against her late mother’s estate 6 years after death and after the whole of the estate had already been distributed to the deceased’s surviving husband, the daughter’s step-father. […]

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Benjamin Orders

in Family Provision Claims, Probate & Administration by Alex Munro on 2015-07-10 – 0 Comments

In certain circumstances, it is unclear to whom or how a deceased estate should be distributed. When faced with uncertainty about who should rightfully and legally inherit from an estate, an executor has the option to seek a declaration from the Court in the form of a Benjamin Order. A Benjamin Order derives its name […]

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Family Provision Orders for Grandchildren

in Family Provision Claims by Terence Goldberg on 2015-01-29 – 0 Comments

Chapple v Wilcox [2014] NSWCA 392 (18 November 2014) This is a case which severely impacts upon the ability of grandchildren to succeed in bringing claims for family provision orders. The deceased left his entire estate in his will to his daughter, Patricia Wilcox – the estate consisted primarily of a large grazing property and […]

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Family Provision Orders: Contesting an Unsatisfactory Will

in Family Provision Claims by Laura Robinson on 2014-07-14 – 0 Comments

The law of will disputes recognises the moral obligation of a person to provide for certain individuals. Where a will has not made provision for these eligible persons, the will can be challenged by that person. In New South Wales, such challenges are generally made pursuant to the Succession Act 2006 (NSW). Importantly, such a […]

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