Dying Without a Will: The Rules of Intestacy
Dying without leaving a will is called dying intestate. Roughly one in two Australian adults...
Who Decides What Happens to my Body After I Die?
You cannot “give” away your body under your will, and your control over your body...
Out-of-Pocket: Capping Costs in Family Provision
The Court may make orders capping the costs recoverable by a party in family provision...
The Executor Won’t Seek Probate of the Will: What Can I Do?
If the executor won’t apply for probate, as a beneficiary you have two options. Serve...
Huxtable v Hawkins: The “Living Together” Requirement
Huxtable v Hawkins demonstrates, the living together requirement may be established despite the fact that...
Can I Claim Family Provision if I Recevied an Early Inhertiance?
Most family provision claims concern the distribution of the deceased’s estate after their passing. So...
Does the Executor Need the Consent of the Beneficaries to Reach a Settlement in Family Provision Proceedings?
The Executor has the power to compromise a family provision claim, but do proposed settlements...
Is a Future Inheritance a Relevant Consideration in Family Provision Proceedings?
Section 60(2)(d) of the Succession Act indicates that an applicant's present and future financial resources...
