“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)

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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)

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)