What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

Last week, the Supreme Court of New South Wales published a judgement in a estate matter where the question of whether a Will was “made in contemplation of marriage” was a central focus of their attention. In the case of Re Estate Grant, deceased [2018] NSWSC 1031, the deceased made a Will dated on about…

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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…

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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…

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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…

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