The Court of Appeal addressed whether a parent can require a substantial benefit given to a child during their lifetime to be brought into account when dividing the estate under a Will. In the Estate of Tanner [2025] NSWSC 1078,
HEIRS & SUCCESSES
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.
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Disputes Over Funeral Arrangements: Morgan v Morgan [2026] NSWSC 539
In State of New South Wales v Gill (2024) 115 NSWLR 536; [2024] NSWSC 1263, Lindsay J expressed that there is no proprietary right in a human body after death, as established in Doodeward v Spence (1908) 6 CLR 408,…
Powers of Attorney Act 2003: Implications from Singer v No Defendant [2026] NSWCA 38
Re A Power of Attorney [2025] NSWSC 1006 involved an elderly principal (the donor) who in 2017 executed an instrument appointing Simon Singer (the applicant), a relative of the principal, as attorney, intending the instrument to operate after the principal…
Stultification in Williment v Waters (No 2) [2026] NSWCA 76
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…
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…