By Daniela Faggionato and Caitlin Watson -
Snapshot
- The new NSW Supreme Court Practice Note SC Eq 7 intends to facilitate ‘the just, quick, and cheap disposal of proceedings’ by discouraging disproportionate legal costs being incurred and increasing registrar involvement.
- A recent NSW Court of Appeal decision appears to put speculation that the equitable assumption of presumed undue influence can apply to probate matters to bed.
- Wills and estates practitioners can mitigate risk by following this article’s best practice tips.
With the introduction of the new Practice Note SC Eq 7 – Probate and Family Provision List Practice Note (‘Practice Note’), practice for wills and estates litigators has become more streamlined, with an intention to minimise costs in case management. The Practice Note, issued on 13 June 2024, applies to:
- all family provision applications under the Family Provision Act 1982 (NSW) and chapter 3 of the Succession Act 2006 (NSW) (at [3]); and
- ‘contentious’ probate proceedings (at [3]).
The new NSW Supreme Court Probate and Family Provision List (formerly the Succession and Probate List) has also become aligned with other Supreme Court lists as:
- the list is now to be managed by a registrar, who can refer matters to judges where appropriate and make consent orders in chambers (at [7], [9] and [22]); and
- solicitors based outside of greater Sydney can appear remotely in the list (at [42]).
