Missing Persons & The Presumption of Death
Where a person disappears and has not been heard from for a period of 7...
Making a Valid Will: The Formal Requirements
A family provision claim proceeds on the basis that the deceased's will is valid. So...
Out of Time Applications: Do I Have Sufficient Cause?
A Family Provision Application must be made within 12 months of the deceased’s death. The...
Can You Waive Your Right to Contest a Will?
Under the Succession Act, a person may waive their right to bring a family provision...
Who is a Child of the Deceased?
Under s 57(1)(c) of the Succession Act, a Child of the Deceased is Eligible to...
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...
