May 2021 Will & Estate Decisions (NSW)
By Ari Katsoulas, Barrister | (02) 8915-2006 | email@example.com
The following Will and Estate decisions were published by the Supreme Court of New South Wales in May 2021 –
- Rathswohl v Court (No 2)  NSWSC 505 (Rees J) – Costs on Successful Family Provision Claim – Application by Defendant to Limit Successful Applicant’s Costs – Misestimate of Costs at Trial.
- Starr v Miller; Starr v Miller  NSWSC 426 (Hallen J) – Probate Proceedings – capacity – alternate Family Provision Claims by Adult Daughters – one claim successful, the other unsuccessful.
- Limberger v Limberger; Oakman v Limberger  NSWSC 474 (Hallen J) – Family Provision Claims by Adult Children.
- Cooper v Atkin  NSWCA 82 – Appeal of a Hallen J decision dismissing a Family Provision Claim by an Adult Step-Child (step-daughter) – leave to appeal refused.
- Schneider v Kemeny; Kemeny v Schneider  NSWSC 524 (Rees J) –
- The Estate of Genevieve Bryan  NSWSC 567 (Hallen J) – Interlocutory Decision concerning experts in Probate proceedings.
- Re Estate Charell, deceased  NSWSC 591 (Lindsay J) –
- Chisak v Presot  NSWSC 597 (Hallen J) – Contested Probate Proceedings -Family Provision Claim by Adult Grandchild – Unsuccessful.
- Flanagan v Fisher  NSWSC 598 (Slattery J) – Successful Family Provision Claim by an Adult Child (son) – Provision Ordered Less Favourable than Calderbank Letter – Risks of Rejecting Reasonable offers of compromise – Costs.
- Yesilhat v Calokerinos  NSWCA 110 – Unsuccessful appeal of a 2017 decision of Slattery J – Family Provision Claim rejected – money claim rejected.