Legal Insights, Guides & Articles

Practical explainers on estate disputes and succession law, plus honest career guidance for law students and junior lawyers.

Cover image for article: How to defend a claim against an estate when you are appointed Executor in a Will

Executor and Beneficiary Disputes

How to defend a claim against an estate when you are appointed Executor in a Will

It is not uncommon for family disputes to erupt when a loved one passes away. Grieving families confronted with the deceased’s Will that favours one family member over another can cause animosity, particularly if someone chooses to contest the Will. One person that tends to be in the hot seat when a dispute over a Will arises is the Executor named in the Will. The Executor is responsible for defending or dealing with any claims made against the estate.

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Cover image for article: Two conflicting Wills in different countries: a cross-jurisdictional estate dispute

Solemn Form Proceedings

Two conflicting Wills in different countries: a cross-jurisdictional estate dispute

Estate Litigation Senior Associate Martin Mallon looks at a family dispute that ended up in court after a deceased woman was found to have two conflicting Wills in different countries. Her daughter unsuccessfully challenged one of the Wills to reinstate the other that was more favourable for her.

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

Estate Disputes

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.

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Cover image for article: The Doney case: summary dismissal of unmeritorious cases in estate disputes – the deadly sin of greed

Estate Disputes

The Doney case: summary dismissal of unmeritorious cases in estate disputes – the deadly sin of greed

Martin Mallon joins Robyn Hyland on Radio 4CRB for ‘Law Talks’ to discuss consequences that can arise when someone gets too greedy and tries to get a larger share of an estate after a loved one passes away in circumstances where they are not entitled to more. What can the executors do to defend these claims?

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Cover image for article: Leaving a “spendthrift” out of your Will? Beware – they can still contest your estate!

Estate Disputes

Leaving a “spendthrift” out of your Will? Beware – they can still contest your estate!

Senior Associate, Martin Mallon, joins Robyn Hyland for “Law Talks” on Radio 4CRB to discuss what happens when someone is left out of a Will due to concerns about their profligate spending habits or if they have a gambling or drug addiction.

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Cover image for article: Stepchild vs biological child – defining who is a “child” when disputes arise over a parent’s estate after death

Family Provision Application

Stepchild vs biological child – defining who is a “child” when disputes arise over a parent’s estate after death

Complex issues can arise in blended families when a loved one passes away and those left behind have differing views as to who should receive the estate and what is considered a fair division of the assets among the surviving children. Here, we discuss the ingredients of a family provision claim and the sibling rivalry that can ensue when a parent of a blended family passes away, leaving their biological children and stepchildren to fight over their estate.

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