Proving a Verbal Mutual Wills Agreement in Court
Verbal mutual wills are rare and hard to prove. Cottrell v Miglic [2025] VSCA 145 explores the legal principles behind them. Understand when an oral promise between spouses may create a binding
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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Intention, Language, and the Armchair Principle
In South Australia, as in other Australian jurisdictions, courts apply the “armchair principle” when interpreting a Will, placing the Court in the armchair of the Will maker, enabling it to analyse the document in light of the Will maker’s personal…
Judicial Discretion & Family Provision
In Western Australia, the Family Provision Act 1972 (WA) provides “eligible persons” the right to challenge a deceased estate if they believe they’ve been inadequately provided for. Under the Family Provision Act 1972 (WA), specific individuals can apply to the…
Modernising a Charitable Trust.
The case of Re AM McClelland Estate [2025] VSC 343 (17 June 2025), involving the McClelland Trust, illustrates Trustees’ difficulty between maintaining philanthropic intentions in contemporary commercial operational realities.
The McClelland Trust
Ms Annie May McClelland’s Will directed that her…
TFM: Promises, Pleadings, and Property
In Victoria, a Testator’s Family Maintenance (TFM) claim, also known as a family provision claim, allows specific individuals to contest a Will if they believe they have not received sufficient provision from the deceased’s estate. This is governed by Part…
Can a digital note on a smartphone count as a valid will in Australia?
iPhone note titled “Last Will of Colin L Peek.”
When Will the Court Dispense with Formalities?
In New South Wales, s6 of the Succession Act 2006 (NSW) provides that a valid Will must be in writing, signed by the testator…
When War Destroys Records: Family Proves Their Inheritance Rights
The Estate of Arlene Veronica De Leon [2025] NSWSC 529 highlights how global events—especially war—can shape the outcomes of inheritance disputes decades later. This matter concerns a Filipino-Australian family that found itself in court after a sibling’s death following the…
Grandchild left out of Will Awarded $2.55 Million from $29 Million Estate.
Angius v Angius [2025] NSWCA 113 a recent decision of the NSW Court of Appeal affirms that grandchildren may successfully claim provision under the Succession Act 2006 (NSW) if they can demonstrate partial dependency on the deceased and other compelling…
Forfeiture Rule & the Remaining Beneficiaries
The Forfeiture Rule prevents individuals from profiting from wrongdoing. Specifically, it bars anyone who unlawfully kills another person from benefiting financially from the victim’s death—whether through inheritance, insurance payouts, or other related gains. The Forfeiture Act 1995 defines an “interested…
Capacity & Voluntary Assisted Dying
In Western Australia, the Voluntary Assisted Dying Act 2019 (WA) governs Eligibility for Voluntary Assisted Dying (VAD). Section 16 outlines the strict eligibility criteria: an individual must be 18 or older.
When making their first request, the applicant must be…