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

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Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

  Sadly, it's not often I read of a case where the applicant/plaintiff's endeavours lack self-interest. Given the nature of estate litigation, generally in a good portion of the cases, self-interest takes a front seat.  Of course, that doesn't mean to say that it is greed or something sinister that drives a person to take … Continue reading Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

The Unsent Text Message Will: Is it really that simple? No – it’s really not!

It’s likely been in your news feed recently that an unsent text message was held by a Queensland Court to be a valid Will.  It may seem quite unbelievable to some that this would even happen! On the other hand, maybe it doesn’t? Reviewing the comments that appear in many of the media articles online … Continue reading The Unsent Text Message Will: Is it really that simple? No – it’s really not!

Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)

In case it's not already evident to my readers, I have a particular interest in family provision cases that touch on disentitling conduct or estrangement.  So, it's no surprise this recent case in the Supreme Court of NSW caught my eye yesterday where a family provision application by an adult child, who was excluded from … Continue reading Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)

“Probable intention”: Novel rectification case in ACT

Recently the Supreme Court in the ACT was called to determine a question of the interpretation of a Will and subsequent amendments made to the Will by the testator on the day he died. In the Estate of Rummer [2017] ACTSC 277, the Plaintiff called upon the Court to determine the true construction of the … Continue reading “Probable intention”: Novel rectification case in ACT

“Child Support”: Effect on earning capacity and meaning of “Support” in an FPA (Qld)

Imagine if you had a child with your partner and the relationship failed, resulting in your separation and shared parenting relationship.  Then, your former partner passes away. How much did you depend on your former partner for support or help? "Support" or "help" can be pretty subjective words when it's this kind of scenario.  You … Continue reading “Child Support”: Effect on earning capacity and meaning of “Support” in an FPA (Qld)

Child of de facto spouse = Step-child in FPA; Decision upheld on Appeal (VIC)

In September last year, I wrote of case in Victoria where a child of the de facto partner of a deceased person made a claim on the estate by claiming they were a "step-child" within the meaning of the legislation. For background, you can read that article here. Yesterday, the Victorian Court of Appeal published … Continue reading Child of de facto spouse = Step-child in FPA; Decision upheld on Appeal (VIC)