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
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.
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…
Howell v Kelly (No 2) [2026] NSWSC 753: Trust, Right to Reside, Indemnity Costs, Costs Discount
Saunders v Vautier [1841] EWHC J82 confirmed that, where all beneficiaries of a trust are adults and not under any disability, they may require the trustee to transfer the legal estate and bring the trust to an end. This principle, known as the rule in…
Commissioner of Taxation v Bendel [2026] HCA 18 & Unpaid Present Entitlements (UPEs)
Unpaid present entitlements (UPEs) involving private companies and discretionary trusts raise complex issues under Australian tax law. Division 7A of the Income Tax Assessment Act 1936 (Cth) determines when a private company beneficiary’s unpaid entitlement is treated as a loan…
Family Provision & Bare Paternity: Pronesti v Napoli (No 2) [2026] NSWSC 856
The Family Provision Act 1982 (NSW), despite its repeal over 15 years ago, continues to apply to estates where the deceased died before 1 March 2009. In these cases, family provision claims are determined under the former Act, not Chapter 3 of…
Keighran v Bishop [2025] NSWSC 1553: Family provision claim by a spouse.
Recent procedural reforms in New South Wales have altered the management of probate and family provision proceedings. Practice Note SC Eq 7 requires early case management, oversight by the registrar, and stricter regulation of litigation costs. The Court of Appeal…
Court Appoints Independent Administrator in Estate Dispute
When an executor fails to administer an estate and family conflict brings the administration to a standstill, the Supreme Court has broad powers to intervene. One of its most effective remedies is appointing an independent administrator to ensure the estate…