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
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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How Rule 7.36 Supports Self-Represented Litigants in NSW
Navigating the court system without legal representation can be daunting. It is especially challenging when finances or circumstances limit your access to professional help. In New South Wales, the courts have a specific mechanism to support self-represented litigants. This mechanism…
Cultural and Legal Factors in Burial Arrangements in NSW
The Court retains an inherent jurisdiction to make decisions about the burial of a deceased person. This applies even where no grant of probate or administration has been issued. (Dayman v Dayman [2024] NSWSC 838 [24]); Brown v Weidig [2023]…
Key Legal Principles on Missing Persons and Estate Distribution
In New South Wales, the law recognises a presumption of death. This applies when a person has been missing for seven years without any contact. There must be no trace, unless there is evidence suggesting otherwise. In such circumstances, s…
Construing a Will that includes an Inter Vivos Distribution
Justice Isaacs (as he then was) explained the now well-established principles governing the interpretation of Wills in Fell v Fell (1922) 31 CLR 268 at 273–274. In determining the meaning of a Will from its own wording, assisted only by…
Too Late or Just in Time? What the Court Considers When a Defendant Fails to Appear and a De Facto Brings a Late Family Provision Claim
Equitable presumptions
Equity generally assumes that people do not intend to make gifts when contributing money towards the purchase of property. Accordingly, if A buys property but registers it in B’s name, equity presumes that B holds the property on…
“Anne, Spelled with an E”: Family, Names, and the 2024 Family Provision Practice Note
Introduction: Family, Identity, and Accuracy
In a recent New South Wales Supreme Court decision, Meek J opened with a literary nod to L.M. Montgomery’s classic Anne of Green Gables. The story, he observed, captures both the diversity of family and…
Student A by his tutor Peter Johnston v Council of Newington College [2025] NSWCA 230
On 14 October 2025, the Court heard an appeal from a decision of Parker J. He found that the term “youth” in a 1873 trust deed establishing Newington College was gender-neutral. It did not need the school to admit only…
No Undue Influence Found: Rowe v Van Den Ende [2025] NSWSC 1183 & Fairness in Property Transfers
Unconscionable conduct and undue influence are equitable doctrines addressing unfair advantage in relationships of unequal power. Unconscionable conduct focuses on a stronger party exploiting another’s special disadvantage – involving age, illness, poverty, or dependence. Undue influence relates to the weaker…
Family Provision – Adult Son’s Claim from Mother’s Estate Involving Real Property Left to Brother who Died Intestate
The Court’s method for determining whether a Will made adequate provision was summarised by Meagher JA (with Ward P and Kirk JA agreeing) in Scott v Scott [2022] NSWCA 182 at [12]–[16]:
Section 59(1)(c) of the Succession Act 2006 (NSW)…