Lismore: 02 6621 2481

Ballina: 02 6686 2522

Byron Bay: 02 6680 8525

Kyogle: 02 6632 3083

Our Estate Litigation Team were recently successful in the New South Wales Court of Appeal in overturning an earlier decision of the Supreme Court to award two grandchildren 20% each of the net sale proceeds of their deceased grandfather’s Ballina home, being the primary asset of the Estate.

The grandchildren had alleged that the relationship with their grandfather was ‘quasi-parental’ and was of such a nature that there were factors warranting each of them being regarded as objects of testamentary disposition. While the Supreme Court had initially agreed with this position in awarding the grandchildren provision from the Estate, the Court of Appeal ardently overturned the decision and upheld the Estate’s appeal, restoring the Deceased’s testamentary intentions expressed in his last will.

The decision is a further reminder as to the importance of having a solicitor take detailed instructions and prepare a will to help protect your Estate from potential claims.

For advice on all your Estate Planning matters, including Estate Disputes, contact our office on 02 6621 2481 or by emailing us on [email protected].