I’ve always been fascinated by this particular question as to how to resolve a dispute where the issue of the deceased’s domicile is in question. There have been a few cases that discuss the issue of domicile, but the question as to what should happen when this issue is in dispute AND there’s a dispute as to a matter…Read More
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  NSWSC 1477 the Court heard that the plaintiff had commenced a family provision…Read More
As a regional lawyer living in a semi-rural area and with family in the farming industry (and as a succession nerd generally!), I thoroughly enjoyed reading this case. This case of Frey v Frey  QDC 184 involved an issue of interpretation when the testator gifted “farming machinery” to a beneficiary. With multiple properties (gifted in various…Read More
I hear comments in society all the time such as “lawyers complicate things” or some variation of that. I can entirely understand why people think this, but it’s generally not true. It’s probably because we ask lots of questions and likely those questions are things you probably didn’t think about. BUT that’s our job. Some…Read More