Blog
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Can You Give Up Your Right to Make a Family Provision Claim?
24 SEPTEMBER 2026 , CONTESTING A WILL , ESTATE DISPUTES , PROBATE & DECEASED ESTATESFamily members sometimes want to avoid future disputes about a person’s estate. One way of doing this is by signing a deed where a person agrees not to make a family provision claim in the future. In New South Wales, signing an agreement is not enough. Read more
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What Happens to Your SMSF When a Member Loses Capacity?
11 MAY 2026 , WILLS & ESTATE PLANNING , PROBATE & DECEASED ESTATES , ESTATE DISPUTESA self-managed super fund (SMSF) gives members control over their retirement savings, but many trustees overlook what happens if a member loses mental capacity due to illness, injury or dementia. Because SMSF members are generally required to also act as trustees (or directors of the corporate trustee), incapacity can create serious legal and compliance issues if proper planning is not in place. Read more
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Can a Video Be a Will?
29 JANUARY 2026 , WILLS & ESTATE PLANNING , ESTATE DISPUTESIn New South Wales, a Will usually has to follow rules to be valid. In most cases, a valid Will must be in writing, be signed by the person making the Will, be signed by two witnesses who are present at the same time, and be signed by the witnesses. However, the Court understand that sometimes people clearly express their final wishes without following these technical rules. To avoid unfair results, the Court can accept an informal Will in certain situations. The Supreme Court of NSW recently considered whether a video recording could be an informal Will. Read more
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Son Makes Claim After Violent Past
14 AUGUST 2025 , CONTESTING A WILL , ESTATE DISPUTESMrs Bertilla Girotto died in 2022 at the age of 90. Her estate was valued at $3.6 million. 11 days before her death, Bertilla changed her will. Read more
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Son Kicked Out of Family Home Makes Claim
15 JULY 2025 , ESTATE DISPUTES , CONTESTING A WILL , WILLS & ESTATE PLANNINGA lady dies with most of her estate being held within the family home. Her youngest son is forced to leave the property, triggering a claim against the estate. Read more
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Estranged Son Demands Share of Estate
17 JUNE 2025 , ESTATE DISPUTES , CONTESTING A WILLAn estranged son made a $140,000 claim on his late mother’s $475,000 estate, arguing financial hardship and a lack of education and support. Read more
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When A Creditor Wants Control
13 MAY 2025 , ESTATE DISPUTESA recent case in the NSW Supreme Court displayed the challenges which arise when a person dies without a will. When a person dies without a will, they are said to have died intestate. Read more
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Avoiding A Gift Failing
16 APRIL 2025 , ESTATE DISPUTESThe NSW Supreme Court recently found that in certain circumstances a gift left in a will can still go to the right person even if the asset no longer exists when the person dies Read more
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Gift or Unconscionability?
21 MARCH 2025 , ESTATE DISPUTESIn a recent case decided by the Supreme Court of NSW, a woman named Sophie died on 24 December 2022 at the age of 82. Sophie had a son named Andrew and two daughters, Mary and Margaret. Andrew, took care of their mother, Sophie, before she died. Read more
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Did you get what you expected under the will?
18 FEBRUARY 2025 , WILLS & ESTATE PLANNING , ESTATE DISPUTES , CONTESTING A WILLIn a case before the Court of Appeal in October 2023, a woman named Irene passed away, sparking a series of family disputes. Read more
