In 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
Mrs 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
A 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
An 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
A 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
The 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
In 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
In a case before the Court of Appeal in October 2023, a woman named Irene passed away, sparking a series of family disputes. Read more
In a recent case, a husband and a wife had been married for nearly thirty years with four children. The husband owned a panel beating business and a range of commercial interests including the operation of tow trucks and considerable property holdings, all of which made him wealthy. The man died. His will left the entire $22 million estate to one of his sons. Nothing was left to his wife or other children. The beneficiary son obtained probate. Read more
In a recent case, a man died in Australia. He left behind a wife and two children, and an estate valued at over $50,000,000.00. He had assets in Australia, Hong Kong and China. He had not made a will to specify how his assets were to be divided after his death. Read more