Establishing Financial Need in Family Provision: Full & Frank Disclosure

To demonstrate financial need and enable to court to determine the provision which the applicant...

The Effect of Refusing Settlement Offers on Costs Orders

An unsuccessful party may be required to pay both their own costs and the other...

Can a Prenup Prevent a Family Provision Claim?

A prenup, or a Binding Financial Agreement (BFA) as they are known in Australia, will...

Charitable Bequests & The Risk of Family Provision Claims

A testator may leave their estate to whomever they wish, including to any charitable organisations...

Friend/Former Flame fails to establish Close Personal Relationship

A person living in a Close Personal Relationship with the deceased at the time of...

Family Provision Orders: Interstate & Overseas Property

It is not uncommon for a person to own real and personal property not just...

A Lawyer’s Duty to Advise on Potential Family Provision Claims

When preparing a will, a lawyer owes a duty of care to the testator to...

Mediation in Family Provision

In NSW, under the Succession Act and pursuant to Practice Note SC Eq 7 – Family...