Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
The latest cases consider preliminary discovery in will disputes, estate sale injunctions, construction of ‘issue’, section 95 releases and powers of attorney.
William Brydie-Watson is an expert in secured transactions law and private international law, and an Australian Senior Legal Officer at UNIDROIT, which is now officially…
Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
When it comes to wills, cutting the ‘black sheep’ of the family from a will may prompt them to make a claim against the estate….
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
Doctrine of hotchpot, probate guidance, adult child family provision, family tree diagrams, interpretation of ‘vesting’ and international disclaimers.