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Key decisions

  • Nicholson v Sheils [2026] VSC 18 and Rance v Dempsey (No 5) [2026] NSWSC 270 (Intestacy)
  • Dedousis v Gooley as Executor of the Estate of the late Melville William Gooley [2026] NSWCA 28 (Negligence)
  • Canniford v Boles [2026] TASSC 8 and Singer v No Defendant [2026] NSWCA 38 (Power of attorney)
  • Burke v Australian Executor Trustees Ltd [2026] VSC 178 (Executor)
  • Muhvich v Arena [2026] NSWSC 333 (Informal will)

Distribution on intestacy where more than one spouse

The relevant Victorian provisions are in substantially the same terms as Part 4.2, Division 3 of the Succession Act 2006 (NSW). Those provisions state that, where a deceased dies intestate and leaves more than one spouse, the spouses can agree on distribution of the whole of the estate. If there is no agreement, the Court may make a distribution order. Otherwise, the estate is divided in equal shares. Those provisions were considered in Nicholson v Sheils [2026] VSC 18 (Moore J).

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