Case studies often assist is providing actual information about some of the matter we have assisted clients with in the past.
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Successfully Contesting A Will
There can be many reasons why someone would want to contest a Will. Below is an outline of recent matter where we successfully contested a Will on behalf of our client made by his late mother. The deceased died on 17 November 2008 leaving a Will dated 26 April 2001 appointing one of her sons, ("Keith"), and her daughter-in-law ("Margaret") as her Executors and beneficiaries. Keith died in 2005 and Margaret died in 2011. There... -
The Importance of Explaining Your Testamentary Intentions
William John Morris v Ken Murray; Louise Vergis v Soula Morris [2014] NSWSC 756 (10 June 2014) In this matter, the deceased made statements in his Will as to why he wanted his estate distributed in a certain manner. While the Will was found to be unfair and the estate subject to redistribution, the judge did look to the deceased's statements to help determine the extent of the redistribution. The deceased, Arthur Morris, died in 2012.... -
The Estate of the Late Neville Wran by Alex Munro
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 Supreme Court of NSW to consider whether adequate provision has been made for Mr Wran’s adopted son, Glenn Wran. At... -
Identical Wills are not Mutual Wills
Campbell v Campbell [2015] NSWSC 784 In April, May and June 2015, the Supreme Court of NSW considered a claim by a daughter ('the plaintiff') who alleged that her mother was not entitled to deal with a property in Mosman ('the Property') because her late father and her mother had made an agreement to leave the Property to their 4 children equally upon death. Historical evidence going back as far as the mid 1970's was required... -
Effect of a falling out may effect Family Provision Entitlements
Burke v Burke [2015] NSWCA 195 - Effect of a falling out may effect Family Provision Entitlements Unfortunately, sometimes there are times when there is a falling out between family members. The reasons are often complex but can result in an estrangement that may be long lasting. More often than not, this occurs between parents and adult children and can cause great difficulties when the parents come to making their wills. The NSW Court of...