It is not uncommon for a person to own real and personal property not just in the state they live in, but also in other states or even other countries. Where a deceased’s persons’ assets are spread across state borders, questions arise as to the appropriate jurisdiction to commence a family provision claim.
Singer v Berghouse establishes the two-stage approach which the court should take in assessing a family provision claim. However, Singer v Berghouse was decided with regard to the Family Provisions Act 1982 (NSW) and its applicability to the current NSW Legislation, the Succession Act, has been questioned.
Where a deceased dies without a will the rules of intestacy will apply and the deceased’s closest relative will inherit their estate. This raises the question: Is it possible to contest the distribution of the estate where there is no will?