Disentitling Conduct
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 …
Right of burial: who has the right to decide?
While right of burial seems like a pretty morbid subject, it is a hugely important issue for the loved ones of a deceased person and to the dignity of the deceased. I think that the following from a very old …
Making a Will? GET IT SORTED!!
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 …
Superannuation – crucial issues around the Binding Death Benefit Nomination
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 and the solicitors role
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 …
Testamentary capacity – the mistaken belief of capacity for a valid Will
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 …
Court update: family provision claims
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 …