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

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“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)

Earlier this year, I was surprised to read a judgement where a former spouse successfully claimed for further provision from her former husband's estate notwithstanding the pair had completed a property settlement 25 years prior. You can read my earlier post here. It may come as no surprise that the matter was appealed to the … Continue reading “Divorced from reality”: Appeal allowed in former spouse FPA claim (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)

A Shared Life: Family provision claim by same-sex defacto of 30 years

For those of my readers who are not familiar with estate litigation matters, it is common for parties to apply to the Court to "sign-off" on negotiated outcomes following a private mediation.  This is particularly so where the estate property is comprised of real property. As such, I thought it worthwhile to write a short note on the latest case of Roberts … Continue reading A Shared Life: Family provision claim by same-sex defacto of 30 years

FPA x2: Grandson vs Daughter – Close Personal Relationship

  This month, the Supreme Court of New South Wales, determined a family provision claim by a self-sufficient adult daughter and an adult grandson. In the case of Re Filomena Rodi, deceased [2016] NSWSC 1696, the deceased was survived by four children, 2 daughters and 2 sons, and had left her estate to them equally. … Continue reading FPA x2: Grandson vs Daughter – Close Personal Relationship

An offer is an offer, no matter how small?: Costs in FPA after parentage test negative. Dismiss/Discontinue?

Recently, the Supreme Court of New South Wales  was tasked with determining whether the Court should dismiss or discontinue proceedings following the plaintiff's parentage testing resulting in him not being the deceased's child and therefore not an eligible person to make a claim. In the matter of Patterson v Scott [2016] NSWSC 1477 the Court heard that the plaintiff had commenced a family provision … Continue reading An offer is an offer, no matter how small?: Costs in FPA after parentage test negative. Dismiss/Discontinue?