Anshun estoppel prevents parties from raising claims or defences in later proceedings. This happens if those matters were so closely connected to earlier litigation. It was unreasonable not to raise them at that time. The doctrine aims to guarantee finality
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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Understanding Cost Capping in Family Provision Cases
Lord v Craig [2026] NSWSC 17 looks at whether proportionality can prevent legal costs from using up an estate. Justice Meek said the court must balance competing interests based on the facts. In inheritance disputes, this means weighing all relevant…
Access to restricted documents concerning settlement under Order 70 Rule 10 of the Supreme Court Rules 1971 (WA)
In Western Australia, a “next friend” is the mechanism the Supreme Court uses to ensure that people who cannot conduct litigation for themselves—such as children or adults lacking legal capacity—are adequately protected. Under Order 70 of the Rules of the…
Russell v Ceylan[2025] NSWSC 1044 & Cross-Border Succession Law
When an Australian client dies owning property in both Sydney and Paris, legal professionals must navigate two distinct legal systems. They do this to guarantee a fair settlement. Cross-border estates are increasingly common, as many Australians own property overseas or…
Waters v Frank; Frank v Waters (No 2) [2025] NSWSC 1586 Costs,Testamentary Capacity and Undue Influence
Waters v Frank; Frank v Waters [2025] NSWSC 1389 concerned a contested Will. It involved Dr Percy Waters (the deceased), a highly vulnerable and elderly man. His dependence on his carer, Lavinia Williment (the second defendant), intensified in the later…
Extrinsic Evidence in Will Interpretation: Estate of Pendergast; Pendergast v Shingles [2025] NSWSC 909
Principles of Construction
In Fell v Fell (1922) 31 CLR 268 at 273–4, Isaacs J articulated principles that have been applied consistently in Will construction:
First, derive the meaning of a Will from the document itself. Use only the extrinsic…
Forfeiture Revisited: South Australia’s Statutory Framework
Forfeiture Revisited: South Australia’s Statutory Framework
Practitioners in succession and estate litigation have missed a quiet but significant reform. The Forfeiture Act 2024 (SA) started on 15 January 2025. The Act was enacted after the recommendations of the South Australian…
Kirsten v Miller as executor of the estate of Detlef John Kirsten (No 2) [2024] FCAFC 106: Costs order Explained
Mr Karl James Kirsten sought leave to appeal a costs order. The order requires him to pay 40% of Ms Cara Miller’s costs. This pertains to the costs at first instance. The costs order arose after proceedings concerning the historical…
Molloy v Beehag [2025] NSWSC 1462 Navigating Adverse Possession and Title Conversion
Adverse Possession under the Old System Title in NSW
Land granted or alienated from the Crown before 1 January 1863 in New South Wales is under Common Law. This is also known as Old System title ownership. An unbroken chain…
Judicial Advice & the Mysterious Beneficiary: Re the Will of William Ian Southey [2025] VSC 801
Order 54 of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) allows an executor to seek judicial advice. This advice concerns estate administration. Executors can also seek advice on the interpretation of will provisions. This can be done without…