Will Dispute and Estate Law

Allegations of trickery, hypnotism and lack of capacity in will dispute.

in Defending a Will, Will Dispute and Estate Law by Alex Munro on 2015-06-18 – 0 Comments

Contested probate matters are often referred to as ‘interest based litigation’. This means that in order to have legal standing to oppose a grant of probate in a deceased estate, a person mounting a challenge must be able to demonstrate they have a relevant interest in the estate. Citing various uncommon grounds, a challenge was […]

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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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Ruling from the grave: conditional gifts in restraint of religion

in Will Dispute and Estate Law by Alex Munro on 2014-08-19 – 0 Comments

Ruling from the grave: conditional gifts in restraint of religion In March of this year, the Supreme Court in Carolyn Margaret Hickin v Robyn Patricia Carroll & Ors (No2) [2014] NSWSC 1059, upheld the validity of conditional gifts in a will that required the children of the deceased to adopt a particular religion prior to […]

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