The Estate of Jian Ming Li [2025] NSWSC 907 closed the door on an attempt to reopen a resolved estate dispute — involving family tensions, contested paternity, a criminal conviction for interfering with a corpse, and a preserved piece of
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.
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Court Overturns Family Provision Award to Granddaughter After Finding Undue Influence and No Financial Need
Undue influence arises where one party’s Will is overborne by another’s, as evidenced by direct evidence or a rebuttable presumption from certain recognised or factually proven relationships, coupled with a transaction not readily explained by ordinary motives. It differs from…
Executor Responsibilities & the Administration and Probate Act (NT) 1969
The Administration and Probate Act (NT) 1969 (APA) is the primary legislation governing the legal framework for administering deceased estates in the Northern Territory. Executors and administrators are responsible for protecting the estate’s assets, settling debts, and distributing property under…
Common Errors in Wills and Their Rectification Processes
Rectification in Law and Equity
Rectification generally means correcting an error to restore something to its intended or proper state. In law, rectification is used to amend documents, like contracts or wills. This occurs when, due to mistakes, they do…
Legal Discretion in Family Provision: Insights from Alexiou
Alexiou v Alexiou [2025] NSWCA 164 involved a family provision order. This was made under the Succession Act 2006 (NSW) after the death of Con Alexiou (the deceased). He was survived by two children: Voula Alexiou (the appellant) and Arthur…
When Can a Lawyer Be Stopped From Acting in a Case?
The Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) (ASCR) outline the ethical and professional standards that solicitors in New South Wales must follow. Drafted under the Legal Profession Uniform Law, these rules regulate various aspects of legal…
A 19th Century Estate and a 21st Century Inheritance: In the Estate of Hugh Brown Craig
“Administrator cum testamento annexo de bonis non administratis” is a Latin legal term. It describes the person appointed by the Court to complete the administration of a deceased person’s estate. This occurs under specific conditions.
First, there must be a…
Understanding Testamentary Capacity in Peacock v Knox
In Peacock v Knox [2025] NSWCA 160, the NSW Court of Appeal recently heard a dispute. It was over the estate of Mrs Eva Easton (the deceased). She passed away in 2021 aged 89. She left no known relatives.…
Martin Sharp Trust: Navigating Cy-près Modification
Deed polls are commonly associated with name changes. Still, they are also used in estate planning and trust administration, particularly when varying a trust deed to reflect changes such as the appointment or retirement of a trustee.
While unilateral in…
Handwritten Wills and Legal Validity
The Estate of Maureen Alicia Anderton; Edwards v Animal Welfare League [2025] NSWSC 703 concerns a handwritten document. It is dated January 26, 2020. This document is being considered for probate as Maureen Alicia Anderton’s (the deceased’s) last Will. The…