Author Archive

We have all read about high profile disputes, over the assets left in the Wills of high net wealth individuals. The families of Richie Benaud, Dick Pratt, and Lang Hancock have all had difficulties sorting out their estate issues.

Unfortunately, no lawyer can give assurances to Will makers that someone in their family will not make a claim against their estate for a share, or larger share than the Will maker deems appropriate. All the Will maker ...

In the case of Calvert v Badenach, decided in July in Hobart, Tasmania, it was found that a Solicitor’s duty of care when advising a Testator extended to beneficiaries and potential beneficiaries. In that case, a Solicitor advised a client about making their Will, but failed to give any detailed advice about a potential Family Provision Application that could arise from the Testator’s disenfranchised daughter. The Testator left the bulk of his estate to a friend who was ...

Justice Lindsay of the Supreme Court of NSW, in the case of Re Estate of Wai Fun CHAN, on 7th August 2015 admitted a video made by a dying Chinese woman, to Probate. The 85 year old widow had made a formal written will two days earlier with her Solicitor, leaving her estate equally between her 8 children. She later decided to leave a larger share to her two children who were resident in NSW, and therefore made ...

Many people are not aware that they may have the right to challenge the Will in circumstances where they have not been provided with adequate provision for their proper maintenance and support.

If you are the deceased’s spouse, child or dependant and you believe that the deceased’s Will has failed to provide you with what you believe to be a fair and proper proportion of the deceased’s estate then you may possess the right to seek the Court’s discretion to alter ...