Wills & Estates

In the Victorian case of Stanojevic v Riboskic the court considered the issues of whether a claimant would be viewed as an “eligible person” entitled to make a claim on the estate of the deceased [...]

In 2018 in the case of Estate Hemmes: Cameron v Mead the court was petitioned to make orders as a Family Provision Act claim under the provision of the Succession Act that would permit a child [...]

In the Estate of Leslie Wayne Quinn (deceased) 2019 QSC 99 the Supreme Court of Queensland was required to consider whether a video recording on an iphone labelled by the deceased as his Will [...]

In Re Prien [2019] VSC 47 the Supreme Court was required to consider whether an informal codicil to the will consisting of 2 pages of attendance notes taken by the solicitor at the home of the [...]

The question for a court is to determine what documents will constitute an informal will to be admitted for the purpose of obtaining Probate. In the case of The Late Rae Mackay in the Supreme [...]

What if a will omitted to name an executor? What if the document is not in the formal sense a will but rather is a direction in the form of a letter? In the 2019 South Australian case of the [...]

It is so easy to just breeze over assets when considering your will. After all if you own your own home unit you may just assume that the car space used by you also belongs to the unit and there [...]

The 2017 case of Borthwick v Mitchell was required to consider whether informal notes dictated by the deceased prior to his death, when he was hospitalised and gravely ill, constituted a valid [...]

The court will only remove an executor from this position if it can be established that in fact there has been misconduct in the administration of the estate by the appointed executor. If the [...]

There are many cases where a lawyer is required to assess whether a client has the requisite capacity to give instructions for making a will. It is essential that the ethical, moral and [...]