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...

Disentitling Conduct: The Effect of Estrangement

It is generally assumed that where a child is estranged from their parents, particularly in...

Close Personal Relationships: What Constitutes Living Together?

To establish a Close Personal Relationship to make a family provision claim, applicants must show...

Should Your Children Receive Equal Inheritances?

Nowadays, there is a societal expectation that siblings will receive equal provision their parent's will...

Are Parents Obligated to Leave an Inheritance for Their Adult Children?

In NSW, parents are under no legal obligations to leave an inheritance for their adult...

Does the Outcome of the Case Affect the Costs?

The costs of contesting a will in family provision are generally paid out of the...