Recent judgments in Australia underscore the importance of verifying any material generated or assisted by AI. In several Australian matters, lawyers and litigants have filed submissions containing non-existent cases or false quotations generated by AI. In LYJ v Occupational Therapy Board of Australia [2025] QCAT 96, Ms LYJ submitted that denying a stay would establish a dangerous …
A Beneficiary’s Right to Information and Documentation from an Executor
An executor stands in a position analogous to that of a trustee. Although the beneficiaries of an unadministered estate hold no proprietary interest in its assets, the executor is subject to fiduciary obligations to deal with the deceased’s property for the benefit of the estate as a whole: Commissioner of Stamp Duties (Qld) v Livingston …
The Limits of Verbal Promises in Testamentary Disputes (Part 1)
The Supreme Court’s decision in Hart v Basha [2024] NSWSC 1441 outlines the limitations of promissory estoppel in testamentary contexts in New South Wales and underscores the relative utility of family provision applications under the Succession Act 2006 (NSW) (Act). The plaintiff, Alessandra Hart, was previously married to the deceased, Mr Anthony Siracusa, for a …
Anderson v Yongpairojwong – A Foreign Will’s Validity
Amonrat Chanta (‘Amy’) ran a chain of restaurants, ‘Chat Thai’. She had a son, Kulphat Laoyont (‘Pat’), and a daughter, Palisa Anderson. Amy had two wills: one executed in NSW in 2017, and another executed in Thailand in 2020. The NSW will provided for a fairly even split of Amy’s shares in the companies used …
Does the Succession Act Recognise Indigenous Customary Law?
Warning: Aboriginal and Torres Strait Islander readers are advised that this website contains the names of deceased persons. Part 4.4 of the Succession Act provides specific rules that apply to the estates of Indigenous persons who have died intestate. Under s 133, the personal representative of an Indigenous intestate may apply to the court for …
Is Mediation Mandatory in Family Provision Claims?
Mediation is a central part of court practice directions in succession law. In some states, such as Queensland and Western Australia, mediation is a mandatory part of a family provision claim. In other states, like New South Wales, Victoria and the ACT, mediation is not mandatory but it is almost invariable that the court will …
Limiting Testamentary Freedom: Does Family Provision Go Too Far?
The Court has long respected testamentary freedom and allowed testators to disinherit close family members if they so desired, leaving those family members with no legal options to contest the will. However, testamentary freedom is no longer absolute and a person who has been unfairly left out of or insufficiently provided for in a will may challenge that will under the family provision regime.
So, You’re Bankrupt: Can You still Make a Family Provision Claim?
Bankruptcy will affect your ability to make a family provision claim. If you become bankrupt after commencing proceedings, your claim will be stayed. If you are successful, the property will go to creditors.
Who Decides What Happens to my Body After I Die?
You cannot “give” away your body under your will, and your control over your body after you die is limited. The executor of your estate will ordinarily have control over your body when you die.
Out-of-Pocket: Capping Costs in Family Provision
The Court may make orders capping the costs recoverable by a party in family provision proceedings