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…

Important Amendments to Qld Succession Laws: a sign of the times

We live in a different age.  We live in a world where blended families are a common fixture within our communities.  I, personally, know many beautiful blended families and I’m sure many of my readers do also.  In fact, I’m sure there are some of my readers that may know blended families that are closer…

Burden of secrets: Claim for secret trust within an FPA by grandchild (NSW)

Within a family dynamic, particularly as the elderly age and consider their demise, it’s common to hear of conversations being held between family members of “understandings” and benefits that may flow the next generation on the death of the elder. Promises made and, sometimes, others rely on those alleged promises. So what happens where there’s a secret of a…

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),…

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…

Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time

Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time. The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the late George Roby who passed…

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….

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…

Extension of time application dismissed – 11 months out of time

Yesterday, the Supreme Court of Tasmania determined an application for extension of time in a family provision matter. The case of Nicholas v Tubb [2016] TASSC 53 was an application made by the 4 adult children of the deceased testatrix. The time to bring the application expired on 27 June 2015 and the originating application was filed on…

Family provision and 30 years of estrangement

I am always fascinated by the outcome of family provision claims where the applicant is an estranged adult child. Naturally, the case of Wright v Wright [2016] QDC 74 piqued my interest. The case involved a testator leaving a significant estate valued at approximately $1.7 million dollars. Within his last will, the testator elected to disinherit his children and benefit his siblings,…

Step-son successful in FPA on an estate worth $260k

Recently in Cairns, the District Court made an order for a step-son to receive a further $30k from an estate worth approximately $260k. In determining the matter, the court found that the applicant’s net worth was fairly low as he headed towards retirement age and he had also contributed significantly to the maintenance and upkeep…

Family Provision Claim: Widower VS Adult Children x2

In the case of Hay v Public Trustee of Queensland & Anor [2014] QDC 107, His Honour Justice Baulch considered an application by 2 adult children against the estate of their late mother. The second respondent was the deceased’s widower.