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)

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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

Child of defacto spouse = step-child in family provision claim

In today's society, it's not uncommon for someone to refer to their defacto partner's child as their own.  They are often just as close to them, if not even closer, than their own, biological children. The Supreme Court of Victoria today handed down a decision finding that a child of a defacto spouse was a step-child of the deceased … Continue reading Child of defacto spouse = step-child in family provision claim