Action Centre


Brats and bitches recent developments in family provision law and practice wives, ex-wives, step-children and estranged children

posted Sep 17, 2019, 2:36 AM by Greg Anastasi

Freedom of testamentary disposition is a fundamental right. Chapter 3 Succession Act 2006 (NSW) gives the court a limited right to interfere with a testator's will in certain circumstances. However, the court will not lightly interfere with the testator's wishes, and will not re-write the will to make it fair and will only interfere to the limited extent required1 to make adequate provision for the proper maintenance, education or advancement in life of the person where such provision ought to be.........


https://www.lexology.com/library/detail.aspx?g=b3aacf71-20f4-4098-b97f-4ac2fb28173d

Legal affairs: Having the will to protect those who are worthy

posted Sep 17, 2019, 2:32 AM by Greg Anastasi

WHAT’S the point in having a will if it’s not worth the paper it’s written on? If I had a dollar for every time I have been asked that question, well I probably couldn’t retire, but I’d probably have a good chunk of my mortgage paid off.

Family provision legislation has been around in Queensland for more than 100 years. It is a part of our law......

https://www.couriermail.com.au/news/opinion/legal-affairs-having-the-will-to-protect-those-who-are-worthy/news-story/c25bb867b4d448defcd7e980678bc20b

Another every day scandal.

posted Apr 3, 2018, 2:55 AM by Greg Anastasi

Legal fee scandal: Lawyers ‘feast’ on Perth family estate


https://www.perthnow.com.au/news/perth/legal-fee-scandal-lawyers-feast-on-perth-family-estate-ng-b88790260z

Challenge to philanthropist’s multimillion-dollar donation to Queensland Art Gallery

posted Jan 8, 2018, 12:45 PM by Greg Anastasi

Former Gold Coast fashion boutique and gallery owner Win Schubert, 79, who died last year, left $20 million to buy works for the Queensland Art Gallery.


http://www.couriermail.com.au/news/queensland/challenge-to-philanthropists-multimilliondollar-donation-to-queensland-art-gallery/news-story/357aa69f9be7c5efa036a9883e93833f

Divorce, death & a determined ex-spouse – Court of Appeal says no!

posted Dec 21, 2017, 7:08 PM by Greg Anastasi

In January of this year there was a decision in the Supreme Court regarding a family provision claim which shocked a lot people, especially those with ex-spouses! It was the decision of Justice Brereton in Lodin v Lodin [2017] NSWSC 10.

A good result in the end but what was the first judge thinking. Of course I have seen similar happen that weren’t contested.

http://www.bwslawyers.com.au/news/update-divorce-death-determined-ex-spouse-court-appeal-says-no/

First wife ‘neglected’ by cricket legend

posted Dec 21, 2017, 7:03 PM by Greg Anastasi   [ updated Dec 21, 2017, 7:05 PM ]

Speaking publicly for the first time since launching legal action, Ms Lavender told The Daily Telegraph her court action wasn’t vindictive.

http://www.adelaidenow.com.au/news/national/son-says-dad-should-have-stumped-up-for-mum/news-story/fc24ffa6b9fcd63c807e78166813c636?sv=5fc4897cc38bfefe3647ab55baedce91

SBS Insight program "Where there's a Will"

posted Sep 8, 2015, 5:56 AM by Greg Anastasi

http://www.sbs.com.au/news/insight/tvepisode/where-theres-will

SMH Neville Wran $40 million estate:

posted May 25, 2015, 2:58 PM by Greg Anastasi

 Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger share.

The 68-year-old adopted son of former premier Neville Wran is taking his stepmother to court seeking a larger slice of the late Labor giant's multi-million dollar estate.

See the story Neville Wran $40 million estate: Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger share

Having the Last Word? Will making and contestation in Australia. The University of Queensland.

posted May 19, 2015, 3:08 AM by Greg Anastasi

You would think they just read this web site?

The courts don’t reflect community expectations.
Non dependants claim and win a lot.
Only changing the law will fix the problem with the FPA.

What do you think?

______________________________________________

Having the Last Word? Will making and contestation in Australia. The University of Queensland.

Recommendations

13. There is evidence that competent and financially comfortable adults are making successful family provision claims as are extended family. These findings raise questions about the need for legislative reform as well as consideration of the norms, principles and legal
grounds underlying court judgments and mediation.

14. A sense of entitlement from adult children as beneficiaries, regardless of need and testator’s intentions, should be broadly challenged in community education, legal education and in practice processes. The intentions of family provision legislation should be more widely understood and supported.

15. Facilitators of contestation such as the high rate of success (both before the courts and in mediated agreements), community attitudes and legal culture that, in some circumstances, encourages contestation require further systematic investigation.

16. Community and legal education (including continuing professional development for lawyers) is needed to address cultural concerns. State and Territory Governments should also review their succession law, and in particular their family provision legislation, to ensure that the appropriate balance is struck between testamentary freedom and the duty to provide for family.

Recent legislative changes in Victoria around family provision to tighten eligibility to be a claimant and to give greater weight to demonstrating dependency on the testator at the time of their death have been noted. There is also a renewed focus on regard for testamentary freedom.
These changes provide a basis to evaluate the impact of legislative reform of this type and should be the subject of empirical research.

Did you think things were getting better ? Check this out!

posted Jan 30, 2015, 8:47 PM by Greg Anastasi

Michelle Painter SC at the Learned Friends Professional Education
Sri Lanka Legal Conference January 2015
All in the Family: Equity, the Succession Act and Family Provision.

Family provision applications seem to be booming.
The demise of the personal injuries field seems to have driven solicitors whose business model is based on speculative fee agreements to harvest what is perceived as the “easy money” of family provision claims. One good aspect of this is that claimants who could never afford to bring a claim can now do so.


1-10 of 43