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
Testamentary Capacity and Progressive Cognitive Impairment
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…
HEIRS & SUCCESSES
Court grants probate to homemade informal Will
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…
HEIRS & SUCCESSES
Resumption, compensation, revocation & the deceased estate
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…
HEIRS & SUCCESSES
Capacity to continue to act as an executor
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…
HEIRS & SUCCESSES
Close personal relationship & Family provision
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…
HEIRS & SUCCESSES
Declaratory judgment & the Necropolis
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…
HEIRS & SUCCESSES
Family Provision & generation skipping estrangement
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…