No will and no spouse? Maybe…

in No Will Intestacy by Alex Munro on 2018-04-26 – 0 Comments

Rules of intestacy If someone who ordinarily lives in NSW dies without a valid will, the rules of intestacy will very likely apply to their deceased estate. The rules of intestacy in NSW can be found in Chapter 4 of the Succession Act (NSW) 2006. They provide a framework and formulas to allow a person’s […]

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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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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 […]

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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 […]

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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 […]

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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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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 […]

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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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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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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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