Case Summary: Penninger v Penninger [2017] NSWSC 892
On 6 July 2017, the Supreme Court of NSW handed down its decision in the case of Penninger v Penninger NSWSC 892. In this case, the plaintiff was the...
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Why make a Will if it can be contested?
Why make a Will if it can be contested? Because there is a 96% chance it won’t be contested or a 4% chance it will. In 2017, there was 27,287 standard probate...
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What happens if the time limit to contest proceedings has expired?
In New South Wales the time limit to commence proceedings for a family provision claim is 12 months from the date of death of the deceased person. You may...
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What happens if the deceased gave away their property before they died?
Does gifted property form part of the deceased’s notional estate? It is not uncommon for a person to give away or “gift” their property before they die in an...
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What family members can make a claim on an estate?
Answering the above question is not always going to give the same answer. Often, the answer will depend on the particular fact circumstances unique to every family. The answer...
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The Forfeiture Rule Explained: Allison Baden-Clay Case Study
“And for what? For a little bit of money? There’s more to life than a little money, you know. Don’t you know that? And here you are, and it’s...
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No reward for inheritance impatience
Inheritance Impatience “Inheritance impatience“, or as Veruca Salt sang in the Willy Wonka movie: “I want it now!” Parricide (killing one’s close relative), and its specific relations of patricide...
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Making a video will – most likely will end up on the cutting room floor
Making a Video Will You’ve seen the movies – following the eccentric billionaire’s death, a video of their last wishes is played to an audience of (usually disappointed) relatives....
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How to Obtain a Copy of the Will
HOW TO OBTAIN A COPY OF A WILL Under s54 of the Succession Act (NSW) 2006, a person who has possession or control of a Will of a deceased person...
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How do I know if I have a Family Provision claim?
Have you been left out of a will? Or perhaps you haven’t been left out of a will, however, you don’t think that the deceased’s will provides you with...
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