Nahata v Robertson [2023] NSWSC 642 The plaintiffs (Himanshu Nahata and Priyanka Jain) wanted to construct a duplex on their land. To do so, they needed to put in storm water drainage, that would have to go through their neighbour's land. The neighbours, Russell & Stana Robertson, did not agree to grant an easement over their land. Among their reasons for refusing was that the construction works would dig up and destroy existing concrete paths, shed and retaining wall. The plaintiffs...

There is a temptation to use the latest technology or to add a more personal touch to your final farewell to the world, by doing a video Will. This episode we look at two cases that demonstrate why you should resist the temptation. Re Marian Moyne Demowbray Marian was in her hospital bed when she asked her two friends to help her film a video Will. The next day a nurse suggested that she do a written Will with a solicitor, but Marian thought it would be too expensive. After Marian's...

Council of the Law Society of New South Wales v Sideris [2024] NSWCATOD 3 Voice actors: Liam Schofield and Shay Riley-Lewis (solicitors at Baker Love Lawyers) George Sideris had been a solicitor for more than 30 years when, in 2023, the Law Society of NSW applied for the removal of his practicing certificate. He was accused of professional misconduct in persistently communicating directly with the opposing side (the Salvation Army) instead of going through their solicitor and also being...

Colin Olsen died at the 87 years. He was survived by his wife of 56 years, Beverley, and their three children. He also had a child from a previous relationship, Craig Olsen. Colin's Will left his entire estate to Beverley. Craig made an application for provision from the estate. What makes this case particularly interesting was that Craig was a successful solicitor and the Court was critical of his self-drafted affidavits. And also the reason that Craig was seeking provision from his...

The State of Western Australia v Mack [2012] WASC 127 WARNING: This episode involves violence and disturbing content. In 2012, Brent Mack was found guilty of the murder of his mother Ah Bee Mack (known as Pauline). Brent was to inherit from his mother's estate however, the forfeiture rule provides that a person convicted of murder cannot inherit from the person they have killed. Brent's brother Adrian was to inherit all of their late mother's estate. But he died before he received his...

Lucas v Salman [2022] NSWSC 1301 It was a modern love story. George and Jill met in 1999 and fell in love. They each had children from previous relationships. George had two children (Paul and Joanne) and Jill had two children (Paul and Karl). Jill died in February 2016 and her estate, including the matrimonial home, were inherited by George. After Jill's death, George made a Will which would leave his estate equally to his two children and his two stepsons. But only five months after...

R v Gavare [2011] SASC 142 WARNING: DISTURBING CONTENT On 3 December 2008, 83-year-old Vonne Isabelle McGlynn went missing from her home in Reynella, Adelaide. 6 days later, a woman named Angelika Gavare attended Vonne's bank and tried to withdrawn $2,000 from Vonne's account. Investigating police discovered that Angelika had known Vonne, had approach Vonne several times seeking to become Vonne's carer. They also discovered that Angelika had began clearing out Vonne's home not long...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...

Case: Meena v Jacobs; Re The Estate of Catherine Nolan [2004] NSWSC 1191 Catherine Nolan may not have intended to leave 40% of her estate to charities, but the question for the Court was whether they could rectify her Will to change that outcome? This case deals with the power of the NSW Supreme Court to rectify a will where there has been a clerical error made and how that power will not be available to correct all mistakes in Wills. An update on the powers of rectification can be found...

[Birch v Birch [2020] QCA 31 (28 February 2020) Birch v Birch [2018] QSC 289 (16 November 2018)] Doug Birch worked on his parents farm 'Fairyland' for his whole life. In exchange for his commitment, his parents gifted him 1/3rd of the property. After his father's death, his mother Betty gifted him another 1/3rd of the property. She also wrote a letter to her other children explaining to them that it was her wish that the farm not be sold off and that Doug be able to continue the family...

Marlow v Croft [2020] NSWSC 251 Fourteen years before his death, in 2002, Thomas Marlow had done his Wills using a proforma will form. This is a form that sets out the clauses and you fill in the gaps. The form read "I give the residue of my estate to" and Thomas had written: "My wife Violet Marlow and to stay at the Blacktown property till she dies and the house or belongings not to be sold until the death of my wife Violet Marlow also all money in bank goes to my wife" This clause...

Jones v Robinsons & Ors [2019] NSWSC 932 Daisy Roach handwrote her last Will in September 2013 and her lack of punctuation led to a costly legal dispute over the correct interpretation of her wishes. One interpretation would leave about $2.2 million to her favourite nieces, Lynette and Joy. A different interpretation would see the $2.2 million divided between all of Daisy's 18 nieces and nephews. That's a lot of money on the line for lack of a few commas and full-stops. The...

Day v Peake [2023] QDC 178 The administration of the estate of the late Desmond Guy screeched to a grinding halt when 2 of his 7 children refused to move out of their deceased father's property. They both made an application for further provision from his estate - Scott Day later dropped his claim. Lloyd Day made his application late and the Court first needed to determine whether they should allow his late application. This case is a good example of what the Court will consider when an...

Calvin v McTier [2017] FamCAFC 125 Mr Calvin and Ms McTier married in February 2002, separated in April 2010 and divorced in August 2011. After they separated, they did not have a formal division of assets or property settlement. In January 2014, Mr Calvin received an inheritance from his late father's estate. In March 2015, Ms McTier commenced proceedings in the family law courts seeking a division of the assets, including the inheritance. Was she successful?

Issa v Owens [2023] QSC 4 Hind Issa owned 2 properties: 42 Barak Street Bulleen in Victoria, and 30 Francis Street, Mermaid Waters, Qld. In 2018 she got the shock of her life when she found out that her properties had been mortgaged, the loan payments had defaulted, and the bank was taking her homes. More distressing, it was her son James who she suspected forged her signatures on the loan and mortgage documents. Was there a way for her to get her properties back?

Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164 When William Hickey was 16 years old, he suffered a traumatic brain injury and was awarded compensation. He spent most of his life travelling Australian with his parents, who provided him with close supervision and care. After the death of his parents, he would have been left alone but instead was made a member of the Kimber family and became known to them as 'Uncle Bill'. William had made several Wills...

WARNING: This case covers disturbing content in relation to end of life and may not be appropriate for all audiences. Hunter and New England Area Health Service v A [2009] NSWSC 761 The common law recognises two relevant but in some cases conflicting interests: A competent adult’s right of autonomy or self–determination: the right to control his or her own body; and The interest of the State in protecting and preserving the lives and health of its citizens. The case we are looking at...

Suzanne Dale Smith by her next friend the Public Trustee v Marion Kathryn Partridge as executor of the estate of Thomas Smith [2018] WASC 128 The executor of a deceased estate has a pretty important and powerful position - they are tasked with holding all the assets in the estate, paying the debts, and distributing the estate to the nominated beneficiaries within a reasonable time. But what happens when the executor doesn't do that? This case involved the estate of Thomas Smith and his...

Harty v Chilton [2021] FamCA 34 What rights does a grandparent have when the parents of the grandchildren are separated or when there are questions about who the grandchildren should live with? In this case there were 3 grandchildren between the ages of 11 and 16 years old. For too long they had been moved about, uprooted time and again, with no settled home they could rely on. The parents had separated and there were concerns about the children's wellbeing if they were to reside with...

CASE: Poche v Poche [2020] NSWSC 83 This case involves a deceased mother Brenda Poche and her estate worth about $2.3million. Brenda had two children, Adam and Wayne. In her Will, she left Adam 15% of her estate and she left the rest to Wayne. Adam made a family provision application seeking a greater share of the estate. There was a family history of swapping houses, a family business that was taken over by Adam, and legal disputes. But what made this case stand out in the sea of...

Hallani v Hallani [2013] NSWSC 91 A grieving widow appoints her brother-in-law to be her attorney, to authorise him to deal with the administration her late husband’s estate. Using that power, the brother-in-law transfers estate money to Lebanon into the control of his father and away from the rightful beneficiary, the widow. Now the brother-in-law says he can’t get the money back. The widow initiates proceedings against him to hold him personally liable. Can he be liable even though he...

Jedrzejewska v Sheedy [2023] VSC 511 An executor’s job is to administer a deceased’s person’s estate, including paying the deceased’s debts and distributing the inheritance to the beneficiaries. But what happens if the executor says he’s going to do it… but never does? In this case, the appointed executor published an intention to deal with the estate but then delayed, delayed, delayed. The primary beneficiary had to apply to the Victorian Supreme Court for the executor to be replaced,...