Conduct that disentitles: son’s application for FPA fails (QLD)

When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…

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…