Changes afoot

A little while ago, I started writing a few posts on things other than cases in succession and elder law (I know, crazy right?!). These articles were drawn out from a love of helping people, just like those of my case updates. I decided to finally publish these cases on this blog. It’s a bit…

Danger Zone: costs against plaintiff in FPA in small estate (NSW)

Family provision claims in small estates is an inherit danger zone for claimants and lawyers. The recent case of Wengdal v Rawnsley [2019] NSWSC 926 has demonstrated this again where Justice Hallen has ordered that the plaintiff’s claim be dismissed and the plaintiff pay the defendant’s costs on the ordinary basis. In this case, the deceased…

New legislative changes for Attorneys and Administrators

While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may.  Incapacity can be long term or short term and can impact everyone quite differently. The question of someone’s capacity to understand the nature and the effect of something is fraught with difficulty mainly…

Optional Extra: Court held exercise of Option to Purchase not done properly

Will making is sometimes pretty complex work. The plan will always be unique to a person’s wishes and the personal circumstances.  Every so often, I receive instructions from clients to include an ‘option’ for one of their family or friends to purchase their property. Usually, this is because they’re trying to balance at least two…

Wife support: FPA by widow dismissed with costs (NSW)

It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it’s merits, this is not always the case. Yesterday, the Supreme Court of New South Wales…

FPA 7 years out of time: Allowed on Appeal (WA)

In an unusual case published a few weeks ago, the Western Australian Court of Appeal allowed an extension of time for an adult son to bring a claim against his late father’s estate 7 years after the time limit expired. The claim was dismissed at first instance and the adult son appealed asserting 9 different…