An essential question in estate administration: can the Court authorise an interim distribution to beneficiaries before the whole administration of the estate? In The Estate of Shoushani; Shoushani v Tadros [2025] NSWSC 1335, the issue arises in the context of
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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When a Note Becomes a Will: Wheatley v Peek [2025] NSWCA 265 & iPhone ‘Informal Will’
Section 8 of the Succession Act 2006 (NSW) involves three key requirements. These are outlined in Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56]. Powell JA provides this outline.
A ‘document’ must first exist. It is defined by s 3(1)…
No Standing, No Case: Caveat Struck Out: Re the estate of Dunham [2025] VSC 746
Russell Leslie Dunham (the deceased) died on 18 January 2022 without a Will. Divorced and without children at the time of his death. Narelle Gaye Lindsey ( the plaintiff) claimed to be the deceased’s unregistered domestic partner when he died…
Presumption of Revocation Undone — Berger; Dundjerski v Jaksic-Repac (NSWCA, 2024)
In New South Wales, when someone dies, and their original Will cannot be found, the law starts with a simple—but powerful—assumption: the testator must have destroyed the Will with the intention of revoking it. This “presumption of revocation” can dramatically…
When Wills Go Wrong: Lessons from Re Herbert (deceased) [2025] QSC 315 Ambiguous Drafting and Executor Conduct
When parties navigate the Queensland litigation process, they have a practical tool at their disposal. This tool is Rule 366 of the Uniform Civil Procedure Rules (UCPR). This tool is often overlooked. Rule 366 is found in Chapter 10 (Court…
Understanding AI in Litigation: Re Walker [2025] VSC 714 Responsibilities and Risks
In May 2024, the Victorian Supreme Court issued guidelines on the responsible use of artificial intelligence in litigation. These guidelines outline several key principles governing litigants and practitioners use of AI tools.
First, anyone using AI in litigation must understand…
Behind the Seal: Royal Wills, Private Wills, and Secrecy in Probate Law
In England and Wales, once probate is granted, a Will usually becomes a public document. It is open to inspection as part of the broader system of transparency underpinning succession law. This openness is so embedded in probate practice that…
Family Conflict in Burial Disputes: A Legal Perspective
Disputes over the disposal of a deceased person’s body occur at the uneasy intersection of family conflict. They also involve cultural and religious practices and the Court’s protective jurisdiction. Unlike probate matters—where formal grant processes, evidentiary rules and timelines give…
How Rule 7.36 Supports Self-Represented Litigants in NSW
Navigating the court system without legal representation can be daunting. It is especially challenging when finances or circumstances limit your access to professional help. In New South Wales, the courts have a specific mechanism to support self-represented litigants. This mechanism…
Cultural and Legal Factors in Burial Arrangements in NSW
The Court retains an inherent jurisdiction to make decisions about the burial of a deceased person. This applies even where no grant of probate or administration has been issued. (Dayman v Dayman [2024] NSWSC 838 [24]); Brown v Weidig [2023]…