Hotchpot operates to bring a benefit received by a beneficiary during the testator’s lifetime into account when determining that beneficiary’s entitlement under the Will. The principal difficulty arises in valuing non-monetary benefits. Where the earlier benefit is property, questions include
A&A
Heirs & Successes is a specialized legal blog focused on succession law, providing detailed analysis and commentary on estate administration, wills, trusts, and probate disputes. It covers complex legal issues such as interim distributions, family provision claims, lost or informal wills, and court procedures related to estate litigation. The blog offers insights into recent case law and statutory interpretation, emphasizing practical implications for executors, beneficiaries, and legal practitioners. It serves as a resource for understanding the nuances of succession law, including the balancing of fairness and legal principles in estate matters, and highlights procedural rules that impact estate dispute resolution.
Freeman v Freeman [2026] NSWSC 1127: Unsustainable Family Provision Claim Dismissed
Singer v Berghouse(1994) 181 CLR 201 remains a foundational authority in Australian family provision law. Decided by the High Court on 14 September 1994, the case established the familiar two-stage approach to determining whether a person has been left without…
WXW v KZY & Anor [2025] QSC 138: Extrinsic Evidence in Will Interpretation
In Australia, “construing a Will” is the legal process of determining the true meaning and intention of a deceased person’s Will when its language is ambiguous, unclear, or contradictory. When executors or beneficiaries disagree on what a clause means, they…
The Estate of the late Wilma Annette Pusterla [2026] NSWSC 951: Capacity, Knowledge, and Approval
Testamentary capacity, knowledge, and approval are distinct requirements in probate law. Testamentary capacity refers to the legal and mental ability to make or alter a valid Will. The testator must understand the nature and effect of making a Will, the…
The Will maker did not make a free and fully informed decision: Chalik v Chalik [2025] NSWCA 136
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant), the deceased’s husband having predeceased her in 1995.
At the…
Narciso v Narciso & Ors [2026] SASCA 99: Standing, Evidence and an Insolvent Estate
Narciso v Narciso & Ors [2026] SASCA 99 confirms that dissatisfaction with a deceased person’s arrangements does not, on its own, justify a challenge to a Will or an inter vivos property transfer. An applicant must establish standing, articulate a…
Understanding Detriment in Proprietary Estoppel: Pérez de la Sala v Pérez de la Sala [2026] NSWCA 160
Perez de la Sala v Pérez de la Sala (No 5) [2026] NSWSC 556 concerned an application by Maria-Christina Pérez de la Sala (the plaintiff) for leave to amend her statement of claim to replead a proprietary estoppel claim previously…
Literary Executors and Rectification: In the estate of Mary Patricia Clarke [2026] ACTSC 288.
Although the expression “literary executor” is commonly understood to describe a person responsible for an author’s literary property after death, it has no particular statutory definition under the ACT legislation governing wills and probate. The concept is nevertheless well recognised…
Informal Will Executed by Video Link: In the estate of Johann Elizabeth Miller [2026] ACTSC 276
In the estate of Johann Elizabeth Miller [2026] ACTSC 276, Johann Elizabeth Miller died on 6 January 2023, aged 70. The deceased had two children: Leanne Jane Randall (the applicant) and Darren, who predeceased her and was survived by three…
Impact of Adoption Discharge on Succession Rights: Lise v Boulton [2026] QSC 176
Lise v Boulton [2026] QSC 176 considers whether the discharge of an adoption order restores eligibility to claim family provision from a biological parent’s estate.
Eligibility is a threshold requirement in family provision proceedings. Most disputes concern the status of a…