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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

  1. HEIRS & SUCCESSES

    Testamentary Capacity and Progressive Cognitive Impairment

    By Heirsandsuccesses

    It is possible to revoke a grant of probate in common form, while a grant of probate in solemn form is usually irrevocable, except for limited exceptions. Although an unopposed…

  2. HEIRS & SUCCESSES

    Court grants probate to homemade informal Will

    By Heirsandsuccesses

    In Victoria the Wills Act 1997 (Vic) provides the legal requirements for a valid Will. Under s7 of the Act, a Will must be in writing and signed by the…

  3. HEIRS & SUCCESSES

    Resumption, compensation, revocation & the deceased estate

    By Heirsandsuccesses

    As suburban Cairns encroached upon the Mann family’s cane farm at Mill Road, Edmonton (the farm) it drew attention from state and local government for acquisition. The Queensland Government took…

  4. HEIRS & SUCCESSES

    Capacity to continue to act as an executor

    By Heirsandsuccesses

    Legal capacity refers to the ability of a person to make legal decisions, such as signing a contract, making a will, or participating in litigation. To have legal capacity, a…

  5. HEIRS & SUCCESSES

    Close personal relationship & Family provision

    By Heirsandsuccesses

    If the Court is satisfied that the person seeking a family provision order is eligible and has not received provision for the proper maintenance, education, or advancement in life by…

  6. HEIRS & SUCCESSES

    Declaratory judgment & the Necropolis

    By Heirsandsuccesses

    A declaratory judgment is a statement a court makes to resolve a legal issue without coercion. Unlike court orders, declaratory judgments are not coercive in nature. However, if a party…

  7. HEIRS & SUCCESSES

    Family Provision & generation skipping estrangement

    By Heirsandsuccesses

    Family provision claims are legal challenges that question the fairness of a Will. An individual eligible to make a claim may believe they have been treated unfairly or unjustly by…