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…

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…

“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…

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…

Australian Citizen resident in China leaves a “note” for mum

Update! This case was successfully appealed in June 2017.  Read my article on the appeal here. Documenting your wishes is simple in theory, but quite a different story in real world.  The Supreme Court of Victoria had quite the job recently in  deciphering whether a note a man left behind was considered to be his “Will” and…

Timing is everything: FPA out of time by 10 days allowed on appeal

For those of you who aren’t aware, last year saw the Supreme Court dismiss a family provision application that was filed only 10 days past the limitation date in the matter of Mortimer v Lusink & Ors [2016] QSC 119.  As you probably would appreciate, this was met with quite a lot of interest in my world.  I’m sure…