Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant), the deceased’s husband having predeceased her in 1995.
At the
Heirs & Successes, published by A&A, focuses on succession law and estate administration issues primarily within New South Wales, Australia. The blog covers topics such as interim distributions of estate assets, family provision claims, trust arrangements under the Succession Act, challenges related to informal wills and lost wills, and court procedures in probate disputes. It discusses practical legal questions about executors' powers, beneficiary rights, and court interventions in estate matters. The blog also addresses procedural rules affecting estate litigation, including summary judgment applications and court directions to manage probate cases. It provides case law analysis and commentary on statutory provisions relevant to wills, trusts, and estate disputes.
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant), the deceased’s husband having predeceased her in 1995.
At the…
Narciso v Narciso & Ors [2026] SASCA 99 confirms that dissatisfaction with a deceased person’s arrangements does not, on its own, justify a challenge to a Will or an inter vivos property transfer. An applicant must establish standing, articulate a…
Perez de la Sala v Pérez de la Sala (No 5) [2026] NSWSC 556 concerned an application by Maria-Christina Pérez de la Sala (the plaintiff) for leave to amend her statement of claim to replead a proprietary estoppel claim previously…
Although the expression “literary executor” is commonly understood to describe a person responsible for an author’s literary property after death, it has no particular statutory definition under the ACT legislation governing wills and probate. The concept is nevertheless well recognised…
In the estate of Johann Elizabeth Miller [2026] ACTSC 276, Johann Elizabeth Miller died on 6 January 2023, aged 70. The deceased had two children: Leanne Jane Randall (the applicant) and Darren, who predeceased her and was survived by three…
Lise v Boulton [2026] QSC 176 considers whether the discharge of an adoption order restores eligibility to claim family provision from a biological parent’s estate.
Eligibility is a threshold requirement in family provision proceedings. Most disputes concern the status of a…
Saunders v Vautier [1841] EWHC J82 confirmed that, where all beneficiaries of a trust are adults and not under any disability, they may require the trustee to transfer the legal estate and bring the trust to an end. This principle, known as the rule in…
Unpaid present entitlements (UPEs) involving private companies and discretionary trusts raise complex issues under Australian tax law. Division 7A of the Income Tax Assessment Act 1936 (Cth) determines when a private company beneficiary’s unpaid entitlement is treated as a loan…
The Family Provision Act 1982 (NSW), despite its repeal over 15 years ago, continues to apply to estates where the deceased died before 1 March 2009. In these cases, family provision claims are determined under the former Act, not Chapter 3 of…
Recent procedural reforms in New South Wales have altered the management of probate and family provision proceedings. Practice Note SC Eq 7 requires early case management, oversight by the registrar, and stricter regulation of litigation costs. The Court of Appeal…