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Catchwords:

SUCCESSION – Statutory wills – Succession Act 2006 (NSW), ss 18, 19, 22

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SUCCESSION – PRACTICE AND PROCEDURE – succession – Filing and verification of estate accounts

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SUCCESSION — Family provision — Claim by adult child – No issue of principle SUCCESSION — Family provision — Claim by former spouse for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — Whether factors warranting — Succession Act 2006 (NSW), s 59(1)(b)

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SUCCESSION – application for release of rights pursuant concerning succession – orders made in accordance with application

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SUCCESSION – Making of a will – Informal will - DVD recording intended to be codicil to a will – Meaning of “document” – Succession Act 2006 NSW, s3(1) - Interpretation Act 1987 NSW, s21 SUCCESSION – Wills and codicils – Making of a valid will – Formalities for making will –Interested witness attesting will – Effect – Succession Act 2006 NSW, s10

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SUCCESSION — Intestacy — Indigenous estate — Matters to be considered — Succession Act 2006 (NSW) ss 133, 134, 135

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SUCCESSION — Administration of estates — Persons entitled on intestacy SUCCESSION — Administration of estates — Whether general gift of residue or intestacy

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ESTOPPEL – Proprietary estoppel – Encouragement – Detrimental reliance SUCCESSION – Executors and administrators – Proceedings against executors and administrators SUCCESSION – Family provision – Claim by adult child for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3

Catchwords:

SUCCESSION – family provision order – application by de facto wife of testator SUCCESSION – family provision order – importance of freedom of testamentary disposition SUCCESSION – family provision order – factors to be taken into account when making family provision order – appropriate order

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SUCCESSION – Family provision – Application for approval for release under s 95 of the Succession Act 2006 (NSW) Ch 3

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SUCCESSION – family provision order – application by two adult sons of testator SUCCESSION – family provision order – freedom of testamentary disposition SUCCESSION – family provision order – factors to be taken into account when making family provision order – appropriate order

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SUCCESSION - family provision - operation of ss 59 and 60 of the Succession Act 2006 (NSW) - provision for adult sons

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SUCCESSION – Family provision order – Application by de facto husband of the deceased SUCCESSION – Family provision order – Importance of freedom of testamentary disposition SUCCESSION – Family provision order – Factors to be taken into account when making a family provision order – Appropriate order

Catchwords:

CORPORATIONS [10]- Articles of Association- Construction- Succession of Senior Vice-President to President- Whether succession applicable to person filling casual vacancy- Held "Yes".

Catchwords:

SUCCESSION - Family provision order - s58(2) of Succession Act 2006 - application out of time - no sufficient cause for extension of time - solicitor's oversight not sufficient cause of itself -relevance of prejudice - order refused SUCCESSION - Family provision order - freedom of testamentary disposition - relevance of testator's appreciation of claimant's virtues, failings and needs SUCCESSION - Family provision order - s59 of Succession Act 2006 - consideration of adequate provision for proper maintenance or advancement in life -standard of living that plaintiff entitled to expect - modest award would not make meaningful contribution to plaintiff's advancement in life - testator's knowledge of plaintiff's needs, virtues and failings SUCCESSION - Family provision and maintenance - s 60 of Succession Act 2006 - discretionary factors - delay and prejudice - unreasonable conduct of proceedings - character and conduct

Catchwords:

EQUITY - Succession - Application for family provision under Part 3 Succession Act 2006 by estranged adult son - Where deceased did not make provision for applicant in will - Statement from testator under s 100 of the Succession Act s 100 - Consideration of matters under s 60(2) of the Succession Act - Plaintiff’s financial circumstances - Plaintiff’s character and conduct - Plaintiff’s hostility towards testator and other family members

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SUCCESSION - whether informal document made after will stated testamentary intention of deceased - whether informal document intended to be will at time when written - section 8 Succession Act

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SUCCESSION — Administration of estates — Construction of residuary clause in deceased’s will SUCCESSION — Family provision — Claim by adult child — Proceedings not commenced within time

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SUCCESSION – wills, probate and administration – construction and effect of testamentary dispositions – handwritten annotations to existing will – s 8 of Succession Act 2006 (NSW)

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SUCCESSION – Intestacy and distribution on intestacy – Indigenous intestate – Intestate never married; died without partner, issue, dependants or debts – Contest between Aboriginal half-sisters and adoptive half-sisters – Explanation and application of Succession Act 2006 NSW, Part 4.4 – Distribution order made under Succession Act, section 134