The New South Wales Court of Appeal in Pizzolato v Marques [2024] NSWCA 100 reinforces that delay alone seldom defeats a beneficiary’s entitlement, especially if a trustee has not fulfilled their duties.
The Doctrine of Laches
Laches is an equitable
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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Lofts v Lawcover Insurance Pty Limited [2026] NSWDC 68: Understanding A Solicitor’s Duty When Creating a Will
In New South Wales, property held solely or as tenants in common by the deceased forms part of the estate and is distributed according to the Will. In contrast, property held as joint tenants passes automatically to the surviving owner…
Jones v Jones [2026] TASFC 4: Key Insights into Family Provision Claims in Tasmania
Rule 680A of the Supreme Court Rules 2000 (Tas) outlines how to appeal judgments by an Associate Judge. This applies in the Supreme Court of Tasmania. Rule 680A establishes a structured review pathway encompassing both procedural and substantive determinations. Importantly,…
Lost Wills, Unwitnessed Codicils, and the Limits of the Presumption of Revocation: Lessons from Jaksic-Repac v Dundjerski[2025] NSWCA 256
The estate of Mimi Milka Berger provides a recent example of the court’s approach to missing original will. It illustrates how the Court handles informal testamentary document. The case also shows the evidentiary limits of the presumption of revocation.
The…
Di Trapani & another v Di Trapani & others [2026] QSC 20: A Guide to Discretionary Trusts
What is a Family Trust?
A discretionary trust is often called a family trust when the beneficiaries are related by blood. It is one of the most common trust types in Australia. It holds properties for beneficiaries who are given…
Formalism, Informality, and Remote Execution: The Changing Doctrine of Testamentary Validity
Analysis of the interaction between remote witnessing regimes and informal Will doctrines, as technological change is accelerating the erosion of formal validity requirements in succession law.
On 12 May 2020, the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations…
Misapplication of Estate Funds: The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335
In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the Court illustrated its readiness to intervene when estate administrators misuse their position. It steps in to correct the misapplication of estate funds. Slattery J of the Supreme Court…
Crown v Holt [No 2] [2025] WASC 522; Crown v Holt [2024] WASC 332 Executor Guilty of Contempt
When the executor fails to administer the estate.
Civil Contempt
In AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98;[1986] HCA 4, the High Court (Gibbs CJ, Mason, Wilson and Deane JJ) commented on the development of a distinction…
Testamentary Capacity & the Undutiful Will
MCINERNEY v D’ORTENZIO (FORMERLY O’DEA) & ORS [2026] SASCA 7
James Vincent McInerney (the first respondent) applied for probate of the 25 January 2019 Will. Alternatively, he applied for the 26 December 2018 Will. The second respondent is the Catholic…
The Impact of Intestacy on Liam Payne’s £28.6 Million Estate
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