In the ACT, a solicitor appointed as executor must provide the testator with a written disclosure of any entitlement to fees or commission before the Will is signed, under the Australian Solicitors’ Conduct Rules (ASCR). A solicitor’s written disclosure ensures
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.
Latest from A&A - Page 9
Resealing a Foreign Grant in Queensland.
As the executor or administrator of an estate with a grant of probate or administration issued in another jurisdiction, if the deceased left assets in Queensland, an executor may need to apply to the Supreme Court of Queensland to “reseal”…
Guardianship Rights in Western Australia Estate Cases
Matthew Sims (the deceased) died intestate on 22 May 2024, leaving three children: Molly (17), Thomas (16), and Sebastian (12). Molly and Thomas’s mother, Rebecca Moylan (the plaintiff), was previously in a de facto relationship with the deceased, which ended…
Family Provision & Notional Estate
In some family provision matters, the estate’s assets are insufficient to meet the Court’s assessment for further provision. In such instances, in New South Wales, the Succession Act 2006 (NSW) allows the court to issue an order designating specific property…
Passing Over a Later Will: When Probate Turns to an Earlier Testamentary Document
In the estate of Ian Robert McPherson [2025] ACTSC 33, Elizabeth Ann Mulcahy (the plaintiff) applied. She sought the grant of probate for a Will dated 14 February 2024. She applied to the Supreme Court of the Australian Capital Territory…
Interlocutory injunction & property liable to be designated as notional estate
A family provision order is a court order made under Chapter 3 of the Succession Act 2006 (NSW) directing that provision be made from a deceased person’s estate, or notional estate, for the maintenance, education, or advancement in life of…
Promises, Wills, and White Elephants
In Macaulay v Macaulay [2024] NSWSC 1547, the parties are the children of the late Neil Macaulay. He passed away in 2021. They are also the children of the late Janet Macaulay, who passed away in 2012. The plaintiff is…
Construction of Wills – Will Kits
Construction means working out the true meaning of a written instrument. In the context of Wills, the purpose is to guarantee that the will-maker’s intentions are fulfilled.
The fundamental task in construing a Will is to determine, by reference to…
In the Estate of Allen Sidney Alcock [2025] ACTSC 351
Rectification of Wills – Key Principles
Section 12A of the Wills Act 1968 (ACT) empowers the Supreme Court to rectify the probate copy of a Will where:
…
When Family, DNA, and the Law Collide: The Estate of Jian Ming Li [2025] NSWSC 907
The Estate of Jian Ming Li [2025] NSWSC 907 closed the door on an attempt to reopen a resolved estate dispute — involving family tensions, contested paternity, a criminal conviction for interfering with a corpse, and a preserved piece of…