In this case, the Supreme Court of NSW found that an informal, handwritten, and unwitnessed Will ought to be admitted to probate over a previous formal Will. Facts In September 2022, Brendan Oakley Graham Smith (“the Deceased”), tragically took his own life. At the time of his...
This case is of interest as it demonstrates the circumstances in which an adult child can be successful in claiming additional provision from an estate. Facts The Plaintiff sought orders against the estate of her father to make provision for her proper maintenance. The youngest child of...
The judgement in Albury & Anor v Sammut [2019] QSC 105 in the Supreme Court of Queensland demonstrates the operation of the Succession Act 1981 (Qld) in the making of a family provision application and in ensuring spouses are provided with adequate support for their...
The Succession Act 2006 ("the Act") was assented to on 27 October 2006, proclaimed on 15 February 2008 and commenced on 1 March 2008. The object of the the Act is to restate with amendments the law relating to wills in New South Wales to implement, with...
This is a first of a series of articles on estate planning. Other articles will deal with issues concerning setting up trusts during one’s lifetime, asset protection, testamentary trusts and deceased estates. To begin with we highlight some commonly encountered misconceptions about wills. ‘I made a...