An ‘eligible person’ (as defined in the Succession Act 2006 (NSW)) (‘the Act’) has the right to bring a claim for a family provision order where he or she has been left out of a will or where inadequate provision …
The NSW Court of Appeal recently handed down its decision in the appeal matter of Squire v Squire [2019] NSWCA 90. This case involved a family provision claim against the estate by the children of the deceased.
Richard Squire had …
The issue of eligible recipients of an adult child’s superannuation death benefit was considered by the Federal Court of Australia (FCA) on 4 December 2018, in Williams v IS Industry Fund Pty Ltd [2018] FCAFC 219 (“Williams”) which concerned an …
A recent survey by a prominent Australian Law firm revealed that whilst almost all Australians acknowledge the importance of making a Will (97%), only a little more than half actually have one (52%).
Most younger respondents felt that a Will …
So what is a Binding Death Benefit nomination (BDBN) and why should we care?
Essentially, a BDBN, or binding death benefit nomination, is a written direction to your superannuation fund that instructs the fund as to whom to pay your …
TESTAMENTARY CAPACITY
RYAN v DALTON [2017] NSWSC 1007
Kunc J – 31 July 2017
The Proceedings
This was a contested probate suit between the deceased’s 3 children and his long time defacto spouse. The children succeeded in knocking out the …
Some people think that the process of having a lawyer draft their will is an expensive and unnecessary exercise and instead write an informal will, not knowing the potential implications for their beneficiaries.
At the Law Office of Conrad Curry …
The term testamentary capacity is often used but rarely understood. Most would think that a Will would not be valid if the will maker was suffering a disorder of the mind or was suffering an insane delusion about certain matters …
There have been a number of very interesting cases in recent times determined in the field of Family Provision Claims in the Court of Appeal. Family Provision claims are claims brought by certain eligible people who are unhappy that they …