Case Study: How Will Disputes Can Tear A Family Apart

NSW Supreme Court

Case Study: How Will Disputes Can Tear A Family Apart Will Disputes can tear a family apart! The decision in the New South Wales Supreme Court in Smith v Smith [2016] demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the Judge when handing down […]

Estate Pascale [2016] NSWSC 443 – Competing Family Provision Claims

Case Study: Estate Pascale [2016] NSWSC 443 The recent decision of Estate Pascale [2016] NSWSC 443 considered what happens when there are numerous competing claims on a deceased Estate. The deceased was involved in four long-term relationships during his life made up of three marriages and one long term de facto relationship. There were two […]

Who has the right to deal with a person’s body after they have died?

Who has the right to deal with a person’s body after they have died? It’s important to clarify in your Will HOW you want your remains to be processed after you die and WHO is responsible. But what happens if the Will doesn’t specify this? According to case law, the Executor or Executors of a […]

Disputing an Estate after a long while!

woman signing on white printer paper beside woman about to touch the documents

Disputing an Estate When You have not been in contact for a while. “I didn’t even know she had died!” Paul and Irene were in their fifties when they started living together, some 20 years ago. They made wills leaving everything to each other in 1995, but a few years later Irene developed dementia and […]

Freezing Order

Freezing Order! – My Mother’s Will is being disputed by a brother that was not very close to the family. As a result of this a ‘Freezing Order’ has been obtained in respect of my mothers estate. What does this mean and what are the implications for me? In New South Wales it is possible […]

Leaving a Family Member out of your Will

“I don’t want to leave anything to that child!” Leaving a Family Member out of your Will – Jim is a widower, in his 70’s. He has 3 children, all of whom have their own children. He has 7 grandchildren in all, ranging between 16 and 8. His oldest child is Mark, who lives interstate, […]

Depression, Suicide & Separation – Contesting a Will

My husband was diagnosed with depression and committed suicide. We were separated and at the time had a mirrored Will. His family are now contesting his will as all the assets went to me. Do they have a case or will I be ok? Your husband’s family has two grounds to contest your husband’s Will. […]

How to contest a will with dementia!

My father has just passed. He was estranged from my mother, although he never re-married or had another partner. He has left my mother out of his Will and she now has dementia and therefore is not able to contest his Will. Am I able to do this on her behalf? I currently have Power […]

Contesting a Will due to Coercion and Undue Influence

Contesting a Will on the grounds of undue influence can be successful as long as you have absolute evidence that some form of coercion took place! The majority of cases alleging undue influence over the deceased when making their Will, have fallen down when it came to providing concrete evidence to the Court that the […]