The recent decision of Salloum v Assouni [2013] VSC 591 concerned a Part IV application by an adult daughter of the deceased. The deceased was survived by nine of his ten children aged from 41 to 58 yers old. The deceased's Will left: some personal items to various children; and [...]
In the case of Re Schoenmakers [2013] VSC 556, the deceased's brother made an out of time application for rectification of the deceased's Will. The deceased's Will provided the brother (or the brother's wife should the brother predecease him) with the net proceeds from the sale of the principal residential [...]
In the recent case of Re Rosaro [2013] VSC 531, the Supreme Court of Victoria had to determine whether or not to grant probate for an informal Will of the deceased. As at the date of her death: the deceased’s estate comprised cash deposits totalling $181,906; and the deceased’s next [...]
In the recent case of Lewis v Every [2013] VSC 445, the son-in-law of the deceased successfully applied for further provision from the deceased's estate. The estate consisted of a property at Rutherglen, valued at $195,000 and $500,000 in cash and investments. In his Will, the deceased had given his [...]
In the recent case of Le Bon & Ors v Lili & Anor [2013] VSC 431, the question for determination was whether the deceased, who was suffering from dementia, had testamentary capacity when she made her last Will. If she did not, her previous Will stand. Under the last Will, [...]
Our Wills and Estates recent case summaries for May 2013 is now available here. You will be able to read a summary of 3 recent Wills and Estates cases in Victoria, involving: a former wife's extension of time to challenge a Will (Galvin v Semkiw and Anor [2013] VSC 142); [...]
Our Wills and Estates recent case summaries for April 2013 is now available here. You will be able to read a summary of 3 recent Wills and Estates cases in Victoria, involving: an Executrix's conflict of interest (Mataksa v Browne [2013] VSC 62); the interpretation of the terms in a [...]
Our Wills and Estates Newsletter for March 2013 is now available here. The amendments in 1998 to the Administration and Probate Act 1958 (Vic) significantly widened the class of eligible applicants in Testator's Family Maintenance proceedings, giving non-family members an opportunity to make a claim on a deceased's estate. However, [...]
The matter of Re the Will and Estate of Zurcas [2012] VSC 441 concerned an application for discovery of documents in a Part IV challenge of a Will. The daughters of the deceased sought discovery of 16 categories of documents relating to the acquisition of various hotels and commercial properties, [...]
Our Wills and Estates Newsletter for February 2013 is now available here. With complex laws, tax requirements, trusts and superannuation nuances to be taken into account there are many unknown obstacles with estate planning. In the newsletter, we provide examples of some common estate planning traps and recommendations to avoid [...]