Adverse Possession under the Old System Title in NSW
Land granted or alienated from the Crown before 1 January 1863 in New South Wales is under Common Law. This is also known as Old System title ownership. An unbroken chain
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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Judicial Advice & the Mysterious Beneficiary: Re the Will of William Ian Southey [2025] VSC 801
Order 54 of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) allows an executor to seek judicial advice. This advice concerns estate administration. Executors can also seek advice on the interpretation of will provisions. This can be done without…
Interim Distributions in Estate Law: Shoushani v Tadros [2025] NSWSC 1335
An essential question in estate administration: can the Court authorise an interim distribution to beneficiaries before the whole administration of the estate? In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the issue arises in the context of…
When a Note Becomes a Will: Wheatley v Peek [2025] NSWCA 265 & iPhone ‘Informal Will’
Section 8 of the Succession Act 2006 (NSW) involves three key requirements. These are outlined in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56]. Powell JA provides this outline.
A ‘document’ must first exist. It is defined by s 3(1)…
No Standing, No Case: Caveat Struck Out: Re the estate of Dunham [2025] VSC 746
Russell Leslie Dunham (the deceased) died on 18 January 2022 without a Will. Divorced and without children at the time of his death. Narelle Gaye Lindsey ( the plaintiff) claimed to be the deceased’s unregistered domestic partner when he died…
Presumption of Revocation Undone — Berger; Dundjerski v Jaksic-Repac (NSWCA, 2024)
In New South Wales, when someone dies, and their original Will cannot be found, the law starts with a simple—but powerful—assumption: the testator must have destroyed the Will with the intention of revoking it. This “presumption of revocation” can dramatically…
When Wills Go Wrong: Lessons from Re Herbert (deceased) [2025] QSC 315 Ambiguous Drafting and Executor Conduct
When parties navigate the Queensland litigation process, they have a practical tool at their disposal. This tool is Rule 366 of the Uniform Civil Procedure Rules (UCPR). This tool is often overlooked. Rule 366 is found in Chapter 10 (Court…
Understanding AI in Litigation: Re Walker [2025] VSC 714 Responsibilities and Risks
In May 2024, the Victorian Supreme Court issued guidelines on the responsible use of artificial intelligence in litigation. These guidelines outline several key principles governing litigants and practitioners use of AI tools.
First, anyone using AI in litigation must understand…
Behind the Seal: Royal Wills, Private Wills, and Secrecy in Probate Law
In England and Wales, once probate is granted, a Will usually becomes a public document. It is open to inspection as part of the broader system of transparency underpinning succession law. This openness is so embedded in probate practice that…
Family Conflict in Burial Disputes: A Legal Perspective
Disputes over the disposal of a deceased person’s body occur at the uneasy intersection of family conflict. They also involve cultural and religious practices and the Court’s protective jurisdiction. Unlike probate matters—where formal grant processes, evidentiary rules and timelines give…