Inheritance Claim

Posted by - & filed under Will & Estates.

There are many ways to challenge a will. This post will look at moving behind the will of a deceased person to make an inheritance claim under the Inheritance (Family Provision) Act 1972. That act gives certain people the right to apply to a court for an order that greater provision be made for that person…

Mutual wills

Posted by - & filed under Will & Estates.

Mutual wills are different to, though related to, mirror wills. Mirror wills are wills, usually between spouses, which are basically identical except that that the spouses’ functions and bequests with respect to each other in each will are reversed. Mirror wills may or may not be made pursuant to an agreement between the spouses that…

Wills on ABC Radio

Posted by - & filed under Will & Estates.

An interesting interview by Ian Henschke this Tuesday morning on ABC Radio 891 dealing with wills – second marriage wills, disputed wills, unequal treatment of beneficiaries (which Ian referred to as sibling equity), family disputes, Inheritance Family Provisions Act claims. The costs of running a dispute in relation to a will are in the thousands…

First major case to consider PPSA priority rules

Posted by - & filed under Personal Property and Security Act, Priority rules.

The first big decision on the PPSA dealing with the PPSA priority rules between a registered security interest and an unregistered interest has been handed down. In Maiden Civil v QES [2013] the NSW Supreme Court found that a registered security interest had priority over an unregistered interest, even though the unregistered interest was that of the owner….