Informal Revocation: Can a File Note be enough to revoke a Will? (TAS)

This morning, I read a very interesting case that makes me think of the tasks I do on a daily basis; taking notes of my client's instructions. The case of Public Trustee v Bott [2017] TASSC 43 involved a question of whether a File Note could be an informal document containing the deceased’s testamentary intentions … Continue reading Informal Revocation: Can a File Note be enough to revoke a Will? (TAS)

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Leaving a “note” for mum successfully appealed; “Note” = Will

Not all that long ago, I wrote an article on a case involving a gentleman who had passed away in China.  He was Australian Citizen who was resident in China for many years and he had left a note for his mum regarding his wishes to distribute some of his property which gave rise to … Continue reading Leaving a “note” for mum successfully appealed; “Note” = Will

“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)

Important Amendments to Qld Succession Laws: a sign of the times

We live in a different age.  We live in a world where blended families are a common fixture within our communities.  I, personally, know many beautiful blended families and I'm sure many of my readers do also.  In fact, I'm sure there are some of my readers that may know blended families that are closer … Continue reading Important Amendments to Qld Succession Laws: a sign of the times

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)

Burden of secrets: Claim for secret trust within an FPA by grandchild (NSW)

Within a family dynamic, particularly as the elderly age and consider their demise, it's common to hear of conversations being held between family members of "understandings" and benefits that may flow the next generation on the death of the elder. Promises made and, sometimes, others rely on those alleged promises. So what happens where there's a secret of a … Continue reading Burden of secrets: Claim for secret trust within an FPA by grandchild (NSW)

Dare to Care: Close personal relationship in FPA (NSW)

Many people would have a different view of exactly what a "close personal relationship" may look like. In New South Wales Family Provision law, their collection of people who may make a claim on an estate further further provision is much wider than that of Queensland.  Under section 57(1)(f) of the Succession Act 2006 (NSW), … Continue reading Dare to Care: Close personal relationship in FPA (NSW)