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)

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The Unsent Text Message Will: Is it really that simple? No – it’s really not!

It’s likely been in your news feed recently that an unsent text message was held by a Queensland Court to be a valid Will.  It may seem quite unbelievable to some that this would even happen! On the other hand, maybe it doesn’t? Reviewing the comments that appear in many of the media articles online … Continue reading The Unsent Text Message Will: Is it really that simple? No – it’s really not!

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)

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

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

Worldy Wisdom: Why a pro forma will still ends up in Court

I'm always curious as to any judgement dealing with will kits or proforma wills.  I have every suspicion we will see more of these as the years go on. Recently the Court had to determine what a testator meant in the matter of Rhodes v Rhodes (as Executor of the Estate of Cecil Ronald Rhodes) & Ors … Continue reading Worldy Wisdom: Why a pro forma will still ends up in Court

Blood thicker than water: novel intestacy case in NSW, Aboriginal half-sisters vs adoptive half-sisters

Starting the year off on a very novel case of an intestacy contest, Justice Lindsay of the Supreme Court of New South Wales was called to determine how distribution of an indigenous man's estate should be distributed where his surviving family were Aboriginal half-sisters and adoptive half-sisters. The case of Re Estate Wilson, Deceased [2017] NSWSC … Continue reading Blood thicker than water: novel intestacy case in NSW, Aboriginal half-sisters vs adoptive half-sisters