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,
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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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)…
Lifetime Gift & Will Construction: Tanner v Tanner [2026] NSWCA 100
The Court of Appeal addressed whether a parent can require a substantial benefit given to a child during their lifetime to be brought into account when dividing the estate under a Will. In the Estate of Tanner [2025] NSWSC 1078,…
Disputes Over Funeral Arrangements: Morgan v Morgan [2026] NSWSC 539
In State of New South Wales v Gill (2024) 115 NSWLR 536; [2024] NSWSC 1263, Lindsay J expressed that there is no proprietary right in a human body after death, as established in Doodeward v Spence (1908) 6 CLR 408,…
Powers of Attorney Act 2003: Implications from Singer v No Defendant [2026] NSWCA 38
Re A Power of Attorney [2025] NSWSC 1006 involved an elderly principal (the donor) who in 2017 executed an instrument appointing Simon Singer (the applicant), a relative of the principal, as attorney, intending the instrument to operate after the principal…
Stultification in Williment v Waters (No 2) [2026] NSWCA 76
In New South Wales case law, ‘stultify’ (or ‘stultification’) describes a situation where a court order, typically an order for security for costs, effectively prevents or hampers a party, often an impecunious plaintiff, from pursuing their legal rights. The principle…