Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

It appears to be raining estate and trust law cases from the High Court of Australia over the last two weeks. Yesterday, the High Court of Australia ordered a new trial be held in relation to solemn form probate proceedings in Nobarani v Mariconte [2018] HCA 36 on the basis that the appellant as denied … Continue reading Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

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

FPA 7 years out of time: Allowed on Appeal (WA)

In an unusual case published a few weeks ago, the Western Australian Court of Appeal allowed an extension of time for an adult son to bring a claim against his late father's estate 7 years after the time limit expired. The claim was dismissed at first instance and the adult son appealed asserting 9 different … Continue reading FPA 7 years out of time: Allowed on Appeal (WA)

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)

No Will, no way?: Court refuses application for statutory Will in large estate (Qld)

Admittedly, it's not something that one regularly thinks about, but the issue of incapacitated people making Wills is a topic that achieves much discussion nowadays. Where a person doesn't have a Will, whether by choice or otherwise, the law provides what I like to call a "back-up plan" or formula, if you will, of how … Continue reading No Will, no way?: Court refuses application for statutory Will in large estate (Qld)

Leaving a “note” for mum successfully appealed; “Note” = Will

Not all that long ago, I wrote an article on a case involving a gentleman who had passed away in China.  He was Australian Citizen who was resident in China for many years and he had left a note for his mum regarding his wishes to distribute some of his property which gave rise to … Continue reading Leaving a “note” for mum successfully appealed; “Note” = Will

Australian Citizen resident in China leaves a “note” for mum

Update! This case was successfully appealed in June 2017.  Read my article on the appeal here. Documenting your wishes is simple in theory, but quite a different story in real world.  The Supreme Court of Victoria had quite the job recently in  deciphering whether a note a man left behind was considered to be his "Will" and … Continue reading Australian Citizen resident in China leaves a “note” for mum