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Family Provision claim from Notional Estate

What is notional estate?  Put simply in NSW its anything you may have owned in the three years prior to your death. Megerditchian v Khatchadourian [2019] NSWSC 1870 This case concerned a family provision application on behalf of the plaintiff, the daughter, out of the estate of her late father.…

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Testamentary capacity

Croft v Sanders [2019] NSWCA 303 Court of Appeal of New South Wales The respondents were executors named in the deceased's will (October will).  The appellants were 'substitute executors' named in an 'earlier will' of the deceased.  The appellants contended that the deceased lacked testamentary capacity when making the October will. …

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Family Provision claim – Adult step child

Estate Whiteway [2019] NSWSC 266 Supreme Court of New South Wales Lindsay J Wills and estates.The plaintiff was the child of the deceased’s first marriage.  The deceased’s estate was principally distributed to plaintiff’s stepmother (who was the deceased’s widow).  The deceased’s widow ’died without issue’.  The plaintiff sought family provision…

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