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
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.
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…
In New South Wales, property held solely or as tenants in common by the deceased forms part of the estate and is distributed according to the Will. In contrast, property held as joint tenants passes automatically to the surviving owner…
Rule 680A of the Supreme Court Rules 2000 (Tas) outlines how to appeal judgments by an Associate Judge. This applies in the Supreme Court of Tasmania. Rule 680A establishes a structured review pathway encompassing both procedural and substantive determinations. Importantly,…
The estate of Mimi Milka Berger provides a recent example of the court’s approach to missing original will. It illustrates how the Court handles informal testamentary document. The case also shows the evidentiary limits of the presumption of revocation.
The…
What is a Family Trust?
A discretionary trust is often called a family trust when the beneficiaries are related by blood. It is one of the most common trust types in Australia. It holds properties for beneficiaries who are given…
Analysis of the interaction between remote witnessing regimes and informal Will doctrines, as technological change is accelerating the erosion of formal validity requirements in succession law.
On 12 May 2020, the COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations…
In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the Court illustrated its readiness to intervene when estate administrators misuse their position. It steps in to correct the misapplication of estate funds. Slattery J of the Supreme Court…
When the executor fails to administer the estate.
Civil Contempt
In AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98;[1986] HCA 4, the High Court (Gibbs CJ, Mason, Wilson and Deane JJ) commented on the development of a distinction…
MCINERNEY v D’ORTENZIO (FORMERLY O’DEA) & ORS [2026] SASCA 7
James Vincent McInerney (the first respondent) applied for probate of the 25 January 2019 Will. Alternatively, he applied for the 26 December 2018 Will. The second respondent is the Catholic…
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