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 …
Huxtable v Hawkins: The “Living Together” Requirement
Huxtable v Hawkins demonstrates, the living together requirement may be established despite the fact that the couple only lived together a few days a week.
Statement of Testamentary Intention: Does it Affect the Outcome of Family Provision Proceedings?
Written evidence of the deceased’s testamentary intention is admissible in Family Provision proceedings. However, as Dodd v Dodd illustrates, while a written statement of the deceased’s intention is relevant, it is not the determinative factor.
Love Not Required for De Facto Relationship
A De Facto Partner is automatically eligible to claim Family Provision and as Sun v Chapman demonstrates a De Facto Relationship may exist despite the fact that the couple has ceased to love each other.
Family Provision Claim Proceeds without the Plaintiff
Where a party fails to turn up to their hearing without a reasonable excuse, the Court may order that the hearing proceed in the absence of that party. The Estate of Alberto Magri provides an example of the circumstances in which the Court will proceed in the absence of one party.
Adult Child Brings Family Provision Application after Deceased’s Litigation Diverts Inheritance
What happens when the Deceased’s own successful Family Provision Proceeding diverted her child’s inheritance where that child was ultimately excluded from her will?
Friend/Former Flame fails to establish Close Personal Relationship
A person living in a Close Personal Relationship with the deceased at the time of the deceased’s death may be eligible to claim family provision, provided that there are factors warranting the application.
Mistress is a Member of the Deceased’s Household
A Person who was a Member of the Deceased Household and was Dependant on the Deceased may be eligible to make a Family Provision Claim provided that there are Factors which Warrant the making of the Application.
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 out of the estate. However, as Coote v Coote illustrates, where the estate is modest the costs of a successful claim can significantly reduce the value of the estate. If you are contemplating contesting a will you need to ask yourself: Will it Cost More Than its Worth?