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Mother vs Father in bitter legal dispute over cremation of son’s body – Aboriginal cultural beliefs and customs in the spotlight in recent case

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Mother vs Father in bitter legal dispute over cremation of son’s body – Aboriginal cultural beliefs and customs in the spotlight in recent case

Martin Mallon joins Robyn Hyland on Radio 4CRB to discuss a recent culturally sensitive NSW Supreme Court case that the firm was involved in which shined a spotlight on honouring the cultural beliefs and burial rights of Aboriginal people after death. WARNING: the content in this article discusses a deceased person and will use words and descriptions that may be culturally sensitive, and which might not normally be used in certain public or community contexts.

11 min read 26 Aug 2026 Estate Disputes

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Helping executors defend a claim against the estate

A short radio conversation with Attwood Marshall Lawyers on estate disputes and succession law.

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@smartymartythelawyer
𝗧𝗵𝗲 𝗠𝗼𝘀𝘁 𝗘𝘅𝗽𝗲𝗻𝘀𝗶𝘃𝗲 𝗪𝗼𝗿𝗱 𝗶𝗻 𝗘𝘀𝘁𝗮𝘁𝗲 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻....

𝘿𝙚𝙡𝙖𝙮.

𝗗𝗲𝗹𝗮𝘆 in obtaining advice.

𝗗𝗲𝗹𝗮𝘆 in administering the estate.

𝗗𝗲𝗹𝗮𝘆 in making a family provision claim.

𝗗𝗲𝗹𝗮𝘆 in responding to concerns raised by beneficiaries.

Many estate disputes become significantly more complicated—not because of the underlying legal issue, but because nothing happened for months or even years.

⏳Time limits matter.

📜Evidence changes.

🧑‍🧑‍🧒‍🧒Relationships deteriorate.

💰Costs increase.

Early advice often preserves options that later disappear.
 
𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆:

Delay doesn't just cost time—it can cost evidence, opportunities and, ultimately, the outcome. Taking informed action early is often the best way to protect your position.

#estatedisputes #succession #estatelitigation #estateadministration #delay #lawyer #disputes🌈 Reflecting on an Inspiring LGBTIQA+ Leadership Summit in Sydney 🌈

Last week, I had the incredible opportunity to attend a two-day LGBTIQA+ leadership summit in Sydney.

Thank you The Leadership Institute (ANZ) Sam Wallis and Dana for a rewarding and beneficial conference.🙏

It was an amazing experience focused on leadership development, embracing authenticity, building confidence and advocating for people who identify as part of the LGBTIQA+ community. I walked away with actionable insights on how we, as leaders, can create more inclusive and safe environments for everyone.

I was inspired by all of the speakers who shared their stories and insights.

I am grateful to my employer @attwoodmarshalllawyers for their unwavering support in my continued professional and personal growth. I’m fortunate to be part of a firm that values inclusivity, diversity and empowers its team to be their authentic selves. 

I want to use my platform as a senior lawyer of @attwoodmarshalllawyers practising exclusively in estate litigation to support fellow members of the LGBTIQA+ community who are mired in estate disputes, often forcibly estranged from their families due to their sexual orientation and left out of their parents’ wills.

I want to tell my community to remember: I hear you. You can be safe, and you will be supported. I am here for you and I will advocate for you and your rights. 🩷❤️🧡💛💚🩵💙💜🖤🏳️‍🌈

#Leadership #Inclusivity #LGBTIQALeadership #Authenticity #AttwoodMarshallLawyers #ProfessionalGrowth #SafeSpaces #DiversityMatters #proudadvocate #lgbti #lgbtiqa #lawyer #estatelitigationlawyer #NewSouthWales #sydney #estatedisputes #smartymartythelawyer🌈✨ Pride Month! ✨🌈

I’m thrilled to share my latest article published by @lawyers_weekly Weekly entitled “This Pride, with the help of my firm, I am no longer hiding.”

In this piece, I delve into Pride Month, the positive steps  taken by State and Federal governments and the urgent action required to end discrimination against people who identify as LGBTIAQ +.

I also discuss my personal journey towards embracing my true self, highlighting the incredible support I’ve received from my employer @attwoodmarshalllawyers . 

As we celebrate Pride, it’s vital to recognize the profound impact a supportive work environment can have on individuals. I’m grateful to be part of a firm that values diversity and encourages everyone to bring their whole selves to work.

This Pride month, I want to tell my community to remember: you can be safe, and you will be supported. I am here for you.

Thank you Lawyers Weekly and Attwood Marshall Lawyers for your support on this important issue.

Read the full article below 👇 

https://www.lawyersweekly.com.au/politics/39963-this-pride-with-the-help-of-my-firm-i-am-no-longer-hiding?utm_source=LawyersWeekly&utm_campaign=25_06_2024&utm_medium=email&utm_content=Daily&utm_emailID=6874841a8c8fa27dc5de210e7eee233394523ff7e021c3392d184cc4a30f5cc6

#Pride2024 #Inclusion #Diversity #LawyersWeekly #Authenticity #SupportiveWorkplace #LGBTIQ+ #LGBTI #AttwoodMarshallLawyers #EstateLitigation #Pride #Lawyer #smartymartythelawyer 

🏳️‍🌈💼✨**Day 3 of Confidence & Presentation Boot Camp: A Journey of Empowerment 🌟**

As I reflect on the past three days, I’m filled with gratitude for the journey I’ve embarked on. This boot camp wasn’t just about learning; it was about transforming. Each challenge faced was a lesson in strength, each obstacle, a stepping stone to self-assurance.

Adversity, they say, brings out the strength we never knew we had. It’s true. With every speech, every interaction, I found pieces of myself that were once hidden by doubt. Now, they shine brightly, pieces of a puzzle coming together to form a picture of confidence.

To anyone reading this, know that your voice has power, your ideas have value, and your presence is a gift. Embrace the challenges, for they forge you into the person you’re meant to be.

I am passionate about fighting for people for cannot advocate for themselves. The most rewarding part of my job is achieving positive outcomes for clients which at times can be life changing!

Let’s inspire each other to rise, to speak, and to lead with confidence. 💪✨

#ConfidenceBootCamp #PresentationSkills #PersonalGrowth #AdversityIsStrength #InspireChange #litigation #estatelitigation #lawyer @smartymartythelawyer @attwoodmarshalllawyersFacing a dispute over an estate can be incredibly stressful and emotionally draining, especially when there is uncertainty about whether or not someone is in fact "related" to the deceased person, entitled under a a Will or if they are entitled to make a Family Provision Application.

In my capacity as Estate Litigation Senior Associate of @attwoodmarshalllawyers I work on these types of unique cases and they are on the rise.

I recently spoke with Robyn of @radio4crb  about these issues, including DNA evidence, procedure and steps people can take to ensure they receive their entitlement under a Will or types of applications that are available.

If you're interested to learn more about these issues, please check out my article and radio interview on the website of @attwoodmarshalllawyers 

#law #podcast #litigation #succession #DNA #DNAtesting #children #biologicalchildren #familyprovisionapplications #attwoodmarshalllawyers #radio #litigation #estatelitigation #lawyers #goldcoast #Queensland #NewSouthWales #Victoria #smartymartythelawyer #content #legal #estatedispute #estate  #tips @smartymartythelawyerI'm grateful and humbled to be recognised as a Finalist in the @lawyers_weekly Australian Law Awards in the category of Senior Associate of the Year 2022!

To top this off, the Estate & Commercial Litigation team of @attwoodmarshalllawyers have been shortlisted as a Finalist in the category of Dispute Resolution Team of the Year 2022! I am proud to be part of the team and congratulate my colleagues.

I am passionate about helping people involved Estate Disputes and pride myself on the results I achieve on behalf of clients - this recognition is the cherry on top!

Thank you to my colleagues, clients, friends and family for your support, encouragement and mentorship.

I congratulate finalists of all categories.

#LawyersWeekly #AustralianLawAwards #ALA22 #SeniorAssociate #Lawyers #Law #Finalist #Attwoodmarshalllawyers #Estatelitigation #goldcoast #SmartyMarty #happy #team #teamwork💪