Can Your Ex Contest Your Will?

IIn NSW, under s 57(1)(d) of the Succession Act, your Former Spouse (or De Facto...

Preventing a Will Contest: Transferring Property Prior to Death

It is common for testators to transfer property or assets to their intended beneficiaries prior...

Are a Testator’s Moral Obligations Relevant?

Family Provision was traditionally seen as a means of giving effect to a testator's moral...

Mistress is a Member of the Deceased’s Household

A Person who was a Member of the Deceased Household and was Dependant on the...

Contesting a Will: Does it Cost More than it’s Worth?

The costs of contesting a will, particularly where the applicant is successful, are generally paid...

The Two-Stage Approach to Family Provision Claims

Singer v Berghouse establishes the two-stage approach which the court should take in assessing a...

What Happens When There is No Will?

Where a deceased dies without a will the rules of intestacy will apply and the...

How Relevant Are the Deceased’s Testamentary Intentions?

The Court may have regard to any evidence of the deceased’s testamentary intentions when determining...