What's new in succession law Who’s better, who’s best?* In succession law matters, it is always essential that a solicitor identifies for whom they act and the scope of their retainer. Christine Smyth
What's new in succession law Equanimities of equity Property, promises and the passage of time Christine Smyth
What's new in succession law Further provision application clarifies limits to District Court monetary jurisdiction A recent District Court case appears to answer a key question on how limits on the court's monetary jurisdiction are interpreted. Christine Smyth
What's new in succession law What’s in a name? Lost beneficiaries, birth certificates and human rights An intestate estate and quest for lost beneficiaries leads us to the Convention on the Rights of the Child and the status of birth certificates. Christine Smyth
What's new in succession law The observer effect – when does a court permit covert recordings in succession law matters? A covert recording receives judicial scrutiny in a NSW family provision case. Christine Smyth
What's new in succession law What is it to know and approve the contents of a will? Battenberg v Phillips [2020] NSWCA 249 Christine Smyth
What's new in succession law Granny Flat Gains The removal of Capital Gains Tax (CGT) from granny flat arrangements brings two major benefits. Christine Smyth
What's new in succession law Probate and due process We are reminded once more than only a court can determine the validity of a will – even if the parties are in agreement. Christine Smyth
What's new in succession law Capacity, clarity, contradictors and civil procedure Questions of capacity can arise in unexpected circumstances. Christine Smyth
What's new in succession law Banks v Goodfellow sesquicentennial – Is there anything new under the sun? After 150 years, is Banks v Goodfellow due for an update? Christine Smyth
What's new in succession law The perils of litigating, not mitigating This litigation over a small estate provides a valuable lesson in convincing parties to reach a compromise rather than litigate. Christine Smyth
What's new in succession law More issues than Vogue In a case laden with issues, a key question revolved around a claim for legal professional privilege in the context of 21 documents within a will instruction file. Christine Smyth