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
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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The ‘rather tortured procedural history’ of Di Giannantonio by his tutor Tucker v Di Giannantonio [2026] NSWCA 69
Maria Di Giannantonio v Michael Di Giannantonio [2025] NSWSC 346 highlights the complex intersection of succession law, family conflict, asset control, and contractual enforcement within family estates. The appeal arose from a long-running dispute following the death of Michele Di Giannantonio…
Polites v Salkanovic [2025] SASCA 74 & limited grants of administration
Urgent action may be necessary in estate administration before a general grant of probate or administration is obtained. If delay risks loss or prejudice to the estate, the court may issue a limited grant to address the immediate need.
This…
Corbould v Gay [2026] NSWSC 385: Close Personal Relationship & Family Provision in NSW
Can a friend contest a Will in NSW?
In New South Wales, the Succession Act 2006 (NSW) gives priority to spouses and relatives in estate claims. Friends do not have automatic standing to contest a Will. To be eligible, a…
Understanding Legal Fictions: Key Concepts Explained
Legal fictions are assumptions created by courts or legislation that are treated as legally true, even where they do not reflect factual reality. They exist to make the legal system workable, preserve fairness, and allow legal rules to operate where…
Saeedi v Pastrello[2026] ACTCA 10: Probate Dispute Insights and Video Evidence
Disputes over the validity of a Will often turn on two closely connected questions: whether the testator had the necessary mental capacity, and whether they truly understood and approved the document they signed. The courts continue to approach these issues…
Pizzolato v Marques [2024] NSWCA 100: Delay and the Doctrine of Laches
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…
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…