The Supreme Court has recently dismissed a claim brought by a surviving wife seeking provision from her deceased husband’s estate, on the basis that the wife could not demonstrate financial need. The Court found that her claim for a share of her husband’s estate had no real prospect of success [...]
In Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, the Queensland Court of Appeal found that the power of a trustee to remove the appointor of a trust, pursuant to the Trust Deed, highlights the risks involved when establishing trusts without having the proper checks and balances in place. [...]
Executors are often placed under pressure to settle Testator’s Family Maintenance (TFM) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that not all claims warrant compromise and that courts are willing to protect estates against opportunistic litigation. In Lennan v Chao (No [...]
Private Ancillary Funds as we know them, may soon be a thing of the past. The Australian government has released a consultation paper with recommendations to reform the operation of both Public and Private Ancillary Funds. The new recommendations embrace a suite of changes which aim to improve support provided to [...]
When a loved one dies, disputes can arise not only about the distribution of their estate but also about the legal validity of their will. Unlike family provision claims which seek to alter the distribution of an estate by adjusting the entitlements set out in the will (discussed in our [...]
When a loved one passes away, disputes over their will can add further stress to an already emotional time. In Victoria, if you believe you’ve been unfairly left out of a will, or not adequately provided for, you may be eligible to make a Family Provision claim. Who can make [...]
As we near the end of the financial year we are commonly asked to establish private ancillary funds (PAF) for clients. A PAF is a private philanthropic vehicle typically established and operated by a high net worth individual or family. PAF do not carry out charitable activities themselves on a [...]
Please join us where our Partner Michael Bishop and Senior Lawyer Jess Tomlinson discuss the case Owies v JJ Nominees Pty ltd [2022] VSCA 142 which dealt with: obligations on a trustee to inform itself as to the needs of beneficiaries; and consider those needs even If family circumstances break down. Our [...]
Please join us for our personal law webinar where our Partner Michael Bishop and Senior Lawyer Jess Tomlinson discuss the recent case Owies v JJ Nominees Pty ltd [2022] VSCA 142 which dealt with: obligations on a trustee to inform itself as to the needs of beneficiaries; and consider those [...]
