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…
Tag: wills & estates
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…
“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)
Earlier this year, I was surprised to read a judgement where a former spouse successfully claimed for further provision from her former husband’s estate notwithstanding the pair had completed a property settlement 25 years prior. You can read my earlier post here. It may come as no surprise that the matter was appealed to the…
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…
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…
