Organization
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.
207 published works
HEIRS & SUCCESSES
Administration Pendente Lite under s 35 of the Administration Act 1903 (WA)
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…
HEIRS & SUCCESSES
Leahy v Attorney-General (NSW): Charitable Trusts, Religious Orders, and the Rule Against Perpetuities
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…
HEIRS & SUCCESSES
Costs in contested probate proceedings
When a Will is lost or destroyed, the presumption of intentional destruction (animo revocandi) either does not arise or is rebutted successfully. The key principles established in Sugden v Lord…
HEIRS & SUCCESSES
Possession, Permission, and Prevarication: A Cautionary Case on Adverse Possession in NSW
Adverse possession allows a person who occupies land without the owner’s permission to gain legal title following a specified statutory period. The doctrine rests on the notion that the occupier…
HEIRS & SUCCESSES
Informal Will – Appeal
In 2011, Elizabeth Kemp (the appellant) and Andrew Findlay (the deceased) began a de facto relationship, during which they had three children. In 2015, the deceased created a Will, leaving…
HEIRS & SUCCESSES
Burial? Cremation? – Conflict between next of Kin
The Supreme Court of Western Australia has inherent jurisdiction to resolve disputes concerning controlling a deceased’s funeral and disposal of the body. This jurisdiction is preserved by s4 of the…
HEIRS & SUCCESSES
Presumption of Death & Survivorship
A person may be presumed to be dead if at least seven years have passed since their disappearance. However, whether the person has died is a question of fact; therefore,…
HEIRS & SUCCESSES
A Will Kit & Testamentary Capacity
On 5 August 2021, Renato Sorati (the deceased) used a “Will Kit” to document his intentions to distribute his estate. The central issue in this case is whether the deceased…
HEIRS & SUCCESSES
Will not seen by, but read in full to the Deceased
Re Norris; Lindsay v Howie [2025] VSC 85 S PRB 2024 23208 is a dispute between Ms Lindsay, (the plaintiff) one of Ms Norris’s (the deceased) nieces, and John David…
HEIRS & SUCCESSES
Funeral & Burial – Aboriginal Cultural Considerations
Ricky John Morris (the deceased) died on 5 November 2024 at the age of 37. He is survived by his wife, Kimberley Friday (the respondent), along with their four young…