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...

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...