A constructive trust is an important equitable remedy for preventing unfair outcomes where the strict legal ownership of property no longer reflects the justice of the parties’ relationship. While registered title under the Real Property Act 1900 generally provides indefeasible ownership, courts
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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Nikolaou v State Trustees Limited [2026] VSCA 153 : Presumption of Revocation and Use of AI in Probate Proceedings
If an original Will cannot be found after death, the law presumes the Will maker destroyed the Will with the intention of revoking it. This presumption may be rebutted where evidence supports the admission of a copy to probate.
Courts…
Preliminary Discovery in Probate: Fuda v Dawes [2026] NSWSC 360
Probate litigation examines the circumstances of Will preparation, focusing on the source of instructions, the testator’s understanding, and the presence of capacity, undue influence, or suspicious circumstances. Capacity concerns the testator’s understanding of the Will’s nature and effect. Undue influence…
Legal Insights into the Archibald Prize: Key Court Cases Explained
The Archibald Prize was established by the Will of John Feltham Archibald (Jules François Archibald), journalist and publisher, who co-founded The Bulletin in 1880 and served as its editor. The Bulletin supported Australian writers and artists. During Archibald’s tenure, the…
Contemporary Dance & McKay v Queensland Ballet Company [2026] QSC 137
McKay v Queensland Ballet Company [2026] QSC 137 concerned the construction of the Will of Glenn Rycen Cooke. Cooke died in January 2025, having executed his Will in June 1993. He appointed Judith Marilyn McKay as executor. Cooke was unmarried,…
Whittorn v Siu [2026] NSWSC 666: Trust, Family Relationships and Inheritance Disputes
In New South Wales, the three main forms of family provision legislation since 1916 – the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (NSW) (TFM Act), the Family Provision Act 1982 (NSW) (FP Act) and the Succession Act…
McLennan by his tutor Kennedy v McLennan [2026] NSWCA 102: The High Cost of Changing Your Mind
Estate planning aims to provide certainty, preserve family wealth, and support generational transition. Where family relationships deteriorate, these arrangements may become the subject of litigation.
McLennan v Kennedy [2026] NSWCA 102, by his tutor, illustrates the legal complexities that can arise…
Enforceable Promise Does Not Automatically Mean the Whole Estate: Bahnik v Budimir [2025] NSWSC 1595
The Supreme Court of New South Wales in Bahnik v Budimir [2025] NSWSC 1595 considered the application of proprietary estoppel in succession. The decision confirms that establishing and relying on a promise regarding inheritance does not automatically entitle a claimant…
Navigating Injunctive Relief: Farrance v Pergol [2026] NSWSC 382
An injunction is a court order restraining a party from specific conduct or, less commonly, requiring positive action. Most injunctions are prohibitory, preventing actions such as property sales, contract breaches, or disclosure of confidential information. Mandatory injunctions, which compel action,…
Storry v Clout [2026] QCA 102: Removing Bankrupt Executors
Clout v Storry [2025] QSC 311 addressed the removal of a bankrupt executor from her late father’s estate. The Queensland Supreme Court ordered the appointment of an independent administrator, exercising its power under section 52(2) of the Succession Act 1981 (Qld)…