Jim Thynne died in 2011, survived by his wife Victoria and sons Harry (from a previous marriage) and Patrick. In Jim's will, Victoria was left the family home valued $4 million. This was under the condition that Victoria would leave the family home to Patrick and Harry equally when she died. In 2020, Victoria took out a mortgage over the family home. She used that money to keep the family farm running and to buy another property. 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
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
Justine believed she deserved more from the estate. She argued that her portion was not enough for her to buy a home and a car. She argued that the gift was evidence of Margaret's gratitude for taking care of her. Read more
Your will sets out how your assets are to be distributed after you die. How much each beneficiary receives normally cannot be changed. One exception is if the court is persuaded that a wise and just will maker would have done otherwise. Read more
You cannot sign a will if you do not understand what you are doing. In legal terms if you “lack capacity”. Read more
When you pass away, the person given the responsibility to dispose of your body is the executor under your will. If there is no will, the person with the right to apply for administration of your estate, such as the spouse or next of kin, will have this responsibility. This is in addition to balancing any practical, cultural, and religious factors. 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
In a recent case a husband and wife were trying to have children by IVF. Five embryos were produced. One of the embryos was successfully implanted and the wife gave birth to a child. The remaining four embryos were frozen. Read more