Archive by Month: August 2017
Size of the Estate: The deceased estate comprised property and $532,782 in cash. The plaintiff had lived in the property from 2004 until the death of the deceased in 2012. Summary: Probate was...
NSW Court Rectifies Fraud in Will Contest
From 1992 until 2006 the plaintiff, together with his de facto were the registered proprietors, as joint tenants, of a property in Sydney. The plaintiff and the deceased had lived together for about...
Link: Application of Harnett and Cutts [2016] NSWSC 427 The Law To save any future will dispute the lawyer made an application by the executors of the estate of the late Frederick Cutts who died...
Link: Edmonds v Morrissey [2016] NSWSC 342 The Plaintiffs Application: The plaintiff through her legal team contended the words “issue children” meant children of the deceased and not to...
Two NSW Will Contest Lawyers fail to provide evidence
Link: Life v Hall [2016] NSWSC 316 My Summary: In this will contest there were two issues before the court. One was whether the applicant plaintiff was allowed to obtain further provision out of...
Link: Edmonds v Morrissey [2016] NSWSC 342 The Proceedings Commenced in error: The first application by the executor asked for the courts “Judicial advice” whereas the correct application...
Executor Successfully Defends Will in NSW
Link: Estate Raineri [2016] NSWSC 489 Summary of the evidence: A son and a daughter of the deceased made an application under family provision rules for extra provision out of the estate of...
Why Challenging a Will in NSW failed
Link: Estate Cockell; Cole v Paisley [2016] NSWSC 349 Summary of the evidence: These proceedings required determination of competing claims to representation, and beneficial entitlement, to...
Plaintiff Successful Contesting a Will in NSW even though his Application was out of time
Link: Life v Hall [2016] NSWSC 316 MY SUMMARY OF THE PLAINTIFFS APPLICATION: Application out of time. The Deceased left a Will with some provision made for the Plaintiff and the application...