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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A husband died, leaving behind his two adult children from his first marriage, and his second wife, who also had children by a previous marriage
The couple had made identical wills. On the death of one partner, their estate was to be left to the other. On the death of that partner, the two sets of children were each to receive half the estate. But soon after the husband died, his second wife changed her will to leave the whole of her estate, including what she had inherited from him, solely to her own child. Turner Freeman was not involved... -
Public Trustee v New South Wales Cancer Council – the Estate of Rita Lillian McBurney [2002] NSWSC 220 (15 March 2002)
The deceased made a Will dated 1989 appointing the Public Trustee as Executor and left her estate to her husband and the residue of her estate to several charities, one of which was represented by Turner Freeman. Other informal documents were found with the Will that appeared to contain the deceased’s wishes. One such document gave the gift that was to go to the deceased’s husband to another person dated 1996, as by the time... -
James v James [2006] NSWSC 1151 (27 October 2006)
This case is in relation to an application for a Family Provision Claim under the Estate of the deceased who died aged 77 years. The deceased was survived by his widow, who was his wife, the defendant, his son from a previous marriage, the plaintiff, and a daughter who did not bring a claim. Turner Freeman acted for the son. Under his Will, the deceased named his wife executor and sole beneficiary of his estate... -
Dolman and Anor v Palmer [2005] NSWSC 327 (31 May 2005)
This case is in relation to an application for a Family Provision Claim under the Estate of the deceased who died aged 71 years. The deceased was survived by his first wife, his second wife, his de facto and his two children from his first marriage. The first plaintiff is the deceased’s daughter and the second plaintiff is his first wife. The defendant is a friend of the deceased who was appointed his executor. The... -
When a man died, he left all his assets to his closest relative – a distant cousin
The deceased’s former wife sought to make a claim on his estate. The couple had divorced many years before his death. In their property settlement, made under the Family Law Act, each party agreed that they would have no further claim on the estate of the other. The ex-wife however, brought her claim under another piece of legislation, the Family Provision Act. Turner Freeman defended the executor of the will against the former wife’s claim. Our argument was...