Meg and her older sister, Michelle, were inseparable. Close in age, they were not just sisters but more like soul mates and best friends. Meg and Michelle never knew their father and their mother was taken early by cancer. They…
Rob’s mother had died when he was young. His father remarried Stella some years later. Stella was a single mother with two sons of her own. Rob got on well with his two step-brothers but Stella never seemed to take…
Maria was born into a traditional European family. Her parents brought with them their traditional strict religious and social views when they emigrated to Australia in search of a better income and lifestyle. At first, Maria endured the usual taunts…
Jason had suffered from anxiety and depression since his early teens. Counseling and sessions with psychologists never seemed to help in the long term. The doctors never seemed to come up with the right combination of drugs to treat both…
A new law has been passed by the Victorian Parliament. It applies only to challenges to wills of people dying after 31 December 2014. If you have questions about where you will stand under the new laws, you should call…
Mediations are intensely structured negotiation sessions. In wills litigation matters, mediation has a claimed success rate of between 85% and 90%. Mediations often succeed where negotiations fail because of the rigorous structure imposed. All basic mediator training is training in…
A staggering number of Australians die each year leaving valuable property, but no will. The figure is something like 40%. In these circumstances, legislation in Victoria (and the other States) provides for a formula for distribution of the assets. In…
A common problem is that the evil relative/partner/carer has taken out insurance during the deceased’s lifetime. Firstly, we find they have engineered a Will under which they get everything. There is often a clause in the Will explaining that you…
The 2009 Victorian Supreme Court case of Unger v Sanchez was famous for opening up the door for claims by non-relatives, a door which Government legislation has tried to close again since 1 January 2015. That aspect of the decision…
Silence From The Opposition In a typical Constable Connor case, our client has been left out of the will (or does not participate in the distribution to next-of-kin where there has been no will). When the claim is brought, there…