The importance of updating affidavits in family provision claims has recently been highlighted in the decision of Baker v Baker [2024] NSWSC 559 (Hammerschlag CJ in Eq). Before the Court can make a family provision
I recently presented a BenchTV Legal Education interactive CPD with Irma Remic (Solicitor). The BenchTV LinkedIn post gave the following summary: What factors will a Court take into consideration when making a family provision order
In Georgopoulos v Tsiokanis & Anor [2022] NSWSC 563 at [309]-[310], Justice Hallen identified the following principles relevant to a family provision claim by an adult child: (a) The relationship between parent and child changes
Ari Katsoulas appeared on behalf of the successful Plaintiff in a family provision claim brought against the estate of her late de facto partner. On 24 August 2023, his honour Justice Nixon of the Supreme
An update and brief review of all Will & Estate decisions published in May 2021 (NSW)...
In James Justin O’Neill v Antony Patrick O’Neill [2015] NSWSC 644 Justice Darke considered determined a summons seeking orders for te revocation of a grant of probate and, consequently, an application for a grant of
In Re the Will of Jack McGee (deceased) [2021] QSC 117 Justice Bradley of the Supreme Court of Queensland determined an application to rely on a photocopy of a will for the purposes of obtaining
When Family Provision proceedings are commenced, it is incumbent on the applicant to file and serve on the executor or administrator a Notice of Eligible Persons. The administrator must then attend to serving a Notice
I have prepared the below click-through list of online resources relevant to Family Provision Claims brought under Chapter 3 of the Succession Act 2006 (NSW). This is for my own reference, my instructing solicitors and
Ari Katsoulas, barrister, recently gave a BenchTV presentation discussing the case of Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231 and the current state of legislation in NSW surrounding the posthumous extraction
