Action Centre
Brats and bitches recent developments in family provision law and practice wives, ex-wives, step-children and estranged children
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
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. https://www.couriermail.com.au/news/opinion/legal-affairs-having-the-will-to-protect-those-who-are-worthy/news-story/c25bb867b4d448defcd7e980678bc20b |
Challenge to philanthropist’s multimillion-dollar donation to Queensland Art Gallery
Divorce, death & a determined ex-spouse – Court of Appeal says no!
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
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"
http://www.sbs.com.au/news/insight/tvepisode/where-theres-will |
SMH Neville Wran $40 million estate:
Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger share. See the story Neville Wran $40 million estate: Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger shareThe 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. |
Having the Last Word? Will making and contestation in Australia. The University of Queensland.
You would think they just read this web site? The courts don’t reflect community expectations. 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 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. |
Did you think things were getting better ? Check this out!
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. Read the full text here All in the Family: Equity, the Succession Act and Family Provision Michelle Painter SC Learned Friends Conference, Galle, Sri Lanka 8 January 2015 |
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