Blog

Most cases settle. Generally a deed of release is the best way to wrap up a dispute. Read our article to find out what goes into a deed of release.

In NSW legislation exists that permits eligible persons to contest a will within specific timeframes. This article provides the basics on contesting a will under the legislation whilst noting there may be other grounds for a will contests such as where the testator lacks capacity or was unduly influenced.

Whilst NCAT, in its Guardianship Division, can help with a range of legal problems there are certain limitations to what it can do. One important limit is that it cannot assist with the recovery of money or property that was dissipated from a person lacking incapacity. To seek legal redress in such circumstances may require an order from the Supreme Court of NSW rather than to try and ventilate the issue at an application to review a power of attorney, appoint a guardian / financial manager.

Before a former spouse can contest a will there needs to be factors that warrant the application. Here there were no such factors and the claim failed.

Simply being excluded from a will on the basis of a false belief is not enough in and of itself to attack the validity of a will. A will can be attacked if there is a lack of testamentary capacity.

When a party to a lawsuit considers the other side to be a "crook" or someone "fraudulent" so that there is absolutely no trust then settlement is unlikely. In fact it is best that in lawsuits where the trust between the parties is nil that a judgement is obtained from the court.

When Joseph Saba died at age 104 he was survived by six children and he divided his estate so that each of the three daughters received between $50,000 - $90,000 whilst his three sons received $570,000.

Sometimes even a relatively short de facto relationship can be the basis for a successful claim for provision if the spouse is left out of the will or not adequately provided for.

The loss of a loved one is an extremely stressful event. Nerves are raw and emotions run high, making disagreements between family members all too common, especially when it comes to who gets what under a Will.