Is Mediation Mandatory in Family Provision Claims?
Mediation is a central part of court practice directions in succession law. In some states...
Limiting Testamentary Freedom: Does Family Provision Go Too Far?
The Court has long respected testamentary freedom and allowed testators to disinherit close family members...
So, You’re Bankrupt: Can You still Make a Family Provision Claim?
Bankruptcy will affect your ability to make a family provision claim. If you become bankrupt...
What are International Wills: Do You Need One?
No, they are not the same. A foreign will is a will made in accordance...
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...
