Understanding Benjamin Orders in NSW Probate Law

When someone dies without a will—called dying intestate—distributing their estate can be a tricky exercise, particularly where there is some doubt about a potential beneficiary’s familial relationship to the deceased, and where …

Understanding Trustee Obligations and Duties

If you’ve been appointed as a trustee for a Self-Managed Superannuation Fund (SMSF), a testamentary trust, or family discretionary trust, it is essential to understand the significant responsibilities that come with this role. Trustees play …

Planning for the future isn’t just about drafting a Will. It’s about protecting your legacy, providing for loved ones, and minimising risks that could disrupt your intentions. At The Law Office of Conrad Curry, we guide our clients through every …

This article explains the recent court case Gatt v Vella [2024] NSWSC 1009, which involved a disagreement between family members over the handling of an estate after a loved one passed away.

Background

The case concerns a claim by …

In Davidson v Sampson [2012] NSWSC 481, the New South Wales Supreme Court ruled in favour of Tobias Boorne Davidson (“Toby”) a minor, the son of the late Penelope Jane Boorne (“Penny”) in his claim for provision out of the …

Estate administration can be a challenging process, especially when it involves resolving family provision claims. This article summarises a recent case and outlines the principles regarding the enforcement of family provision orders and the obligations of solicitors involved in such …

In this article we explore the formal requirements of a valid Will, drawing on specific sections of the Succession Act 2006 (NSW). Section 4 defines key terms like “will”, “executor”, and “beneficiary”, which help clarify the legal terminology. Section 5 …

As a society, we regrettably witness an increase in the abuse of power over those more vulnerable in society, such as the elderly or people with disability. Unfortunately, that includes the abuse of family relationships and those in control of …

An Appointment of Enduring Guardian is a document under which the appointor appoints a person to make medical, healthcare, and lifestyle decisions on their behalf once they have lost the capacity to do so themselves.  

In most instances, the power …

In New South Wales (NSW), a Letter of Wishes is a non-legally binding document that complements a Will. It allows a testator to provide their appointed executors and trustees with valuable guidance as to their values and principles, and …