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.
Tasmanian Family Provision Claims
In Tasmania, the Testator’s Family Maintenance Act 1912 provides that specific family members can make a “family provision claim” from the estate if the deceased lived in and owned real estate in Tasmania at the date…
Following Liam Payne’s unexpected death in October 2024, new probate filings in the UK confirm that the former One Direction star died without leaving a legally valid will. As a result, his estate—initially valued at nearly £28.6 million and reduced…
No one can handle a deceased person’s assets until probate is granted, and only the executor has that authority. An exception exists for banks, which may allow access to the deceased’s bank accounts to cover funeral costs and court fees. …
Statutory Wills are an essential safeguard ensuring the fair administration of a person’s estate even when they can no longer express their wishes. However, strict legal standards apply, and anyone considering an application should seek legal advice and be prepared…
Brikcius v Brikcius [2025] NSWSC 342 highlights the increasing legal difficulties associated with Assets, inheritance, elderly parents, family expectations & enduring powers of attorney. Although attorneys must prioritise the well-being of a principal who cannot make decisions, other matters cannot supersede…
A resulting trust arises when a settlor conveys property to a trustee, but the trust either does not succeed or the beneficial interest is not entirely allocated. In these situations, the trust property “returns” to the settlor, indicating that the…
Executors do not retain their roles indefinitely. Once their duties concerning an asset are complete, they hold that asset in trust for the beneficiary—even without a formal transfer. Executors who fail to take the final step of transferring title may…
A trustee’s right of indemnity – the entitlement to be reimbursed from trust assets for expenses and liabilities properly incurred in administering the trust – gives rise to an equitable interest in the trust property that ranks ahead of the…
Section 35 of the Administration Act 1903 (WA) codified Administration pendente lite, empowering the court to appoint an administrator of the personal estate and a receiver of real estate during litigation relating to the validity of a Will or…
Leahy v Attorney-General for New South Wales concerns a charitable trust in Australian and English trusts law. The High Court of Australia examined it in 1958 and the Privy Council in 1959. The case addressed the validity of donating to…
