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Property settlement- New Zealand or Australia? Matters to take into account

Posted by Benchmark Lawyers in Family Law | 0 comments

Nevill [2016] FCCA 235 (17 March 2016)

Keywords- divorce- property settlement - most assets in New Zealand - jurisdiction – Trans-Tasman Proceedings Act 2010 (TTPA) – most appropriate court  

Son unconscionably transfers mother’s property to his name

Posted by Benchmark Lawyers in Probates & Powers of Attorney, Wills | 0 comments

Cohen v Cohen [2016] NSWSC 336 (24 March 2016)

Keywords: power of attorney – breach of fiduciary obligation – unconscionable dealing - special disadvantage  

Validating a marriage where the culture accepts polygamy

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Ghazel and Anor [2016] FamCAFC (4 March 2016)

Keywords- validity of marriage – foreign marriage – potential polygamous marriage  

Proving death for an application of probate or letters of administration

Posted by Benchmark Lawyers in Probates & Powers of Attorney | 0 comments

Re Paul Allen Weeks; ex parte Weeks [2016] WASC 25 Keywords: indirect proof of death – MH370 flight- presumed to be dead - hearsay evidence - leave granted  

What happens when a Will is incorrectly described?

Posted by Benchmark Lawyers in Uncategorized | 0 comments

Nofz as executor of the estate of Henry Matthew Fitzgerald (deceased) v Kane & Ors [2015] QSC 372 (30 November 2015)

Keywords: beneficiaries incorrectly described or non-existent- intention The following case shows how a court interprets a Will that has been wrongly described.  

Property settlement – court adjusts in favour of wife inspite of husband’s initial contributions

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Telfer [2016] FCWA 2 (4 January 2016)

Keywords: Property – initial contributions – adjustments under s 75(2) – post separation contributions - court makes adjustment in favour of wife  

Unsigned Will deemed as last Will of deceased

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Re the estate of Allan John Young; Ex parte Young [2015] WASC 409

Keywords: informal will- unsigned- intention to sign- probate granted  

No property division even after long term de facto relationship

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Chancellor & McCoy [2016] FCCA 53
Keywords: de facto relationship – property division – 27-year relationship - no intermingling of finances
Background and timeline
The couple met in 1982 and began their de facto relationship. The applicant is now 59, still employed and respondent 55, retired and looking after her elderly parents.  

The Relevance of Domicile for Distribution of Estate

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In the Estate of Milind Bedake [2015] ACTSC 267 (2 September 2015)

The deceased was born on 24 April 1973. He moved to Australia permanently in 1998. On 1 October 2002, he got into a motor vehicle accident and suffered severe head injuries. A letter dated 6 January 2006 from a doctor in the Brain Injury Rehabilitation Unit at a Hospital in the ACT stated that the deceased had no mental capacity to make decisions.  

Father re-united with children

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Sandford & Cobb [2016] FamCA 11 (20 January 2016) Keywords: children taken without knowledge of father – mother not supportive of father's time with children – therapeutic counselling – reintroduction to father - family report - application to transfer matter dismissed.