Action Centre


SBS Insight program "Where there's a Will"

posted Sep 8, 2015, 5:56 AM by Greg Anastasi

http://www.sbs.com.au/news/insight/tvepisode/where-theres-will

SMH Neville Wran $40 million estate:

posted May 25, 2015, 2:58 PM by Greg Anastasi

 Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger share.

The 68-year-old adopted son of former premier Neville Wran is taking his stepmother to court seeking a larger slice of the late Labor giant's multi-million dollar estate.

See the story Neville Wran $40 million estate: Son Glenn Wayne Wran takes Jill Hickson Wran to court for bigger share

Having the Last Word? Will making and contestation in Australia. The University of Queensland.

posted May 19, 2015, 3:08 AM by Greg Anastasi

You would think they just read this web site?

The courts don’t reflect community expectations.
Non dependants claim and win a lot.
Only changing the law will fix the problem with the FPA.

What do you think?

______________________________________________

Having the Last Word? Will making and contestation in Australia. The University of Queensland.

Recommendations

13. There is evidence that competent and financially comfortable adults are making successful family provision claims as are extended family. These findings raise questions about the need for legislative reform as well as consideration of the norms, principles and legal
grounds underlying court judgments and mediation.

14. A sense of entitlement from adult children as beneficiaries, regardless of need and testator’s intentions, should be broadly challenged in community education, legal education and in practice processes. The intentions of family provision legislation should be more widely understood and supported.

15. Facilitators of contestation such as the high rate of success (both before the courts and in mediated agreements), community attitudes and legal culture that, in some circumstances, encourages contestation require further systematic investigation.

16. Community and legal education (including continuing professional development for lawyers) is needed to address cultural concerns. State and Territory Governments should also review their succession law, and in particular their family provision legislation, to ensure that the appropriate balance is struck between testamentary freedom and the duty to provide for family.

Recent legislative changes in Victoria around family provision to tighten eligibility to be a claimant and to give greater weight to demonstrating dependency on the testator at the time of their death have been noted. There is also a renewed focus on regard for testamentary freedom.
These changes provide a basis to evaluate the impact of legislative reform of this type and should be the subject of empirical research.

Did you think things were getting better ? Check this out!

posted Jan 30, 2015, 8:47 PM by Greg Anastasi

Michelle Painter SC at the Learned Friends Professional Education
Sri Lanka Legal Conference January 2015
All in the Family: Equity, the Succession Act and Family Provision.

Family provision applications seem to be booming.
The demise of the personal injuries field seems to have driven solicitors whose business model is based on speculative fee agreements to harvest what is perceived as the “easy money” of family provision claims. One good aspect of this is that claimants who could never afford to bring a claim can now do so.


ACT to reduce time to claim from 12 to 6 months

posted Nov 10, 2014, 3:14 AM by Greg Anastasi

Family Provision Act 1969 
The Bill amends section 9(1) of the Family Provision Act 1969 to reduce the time in which a 
family provision claim may be made against a deceased estate. Currently, eligible applicants 
have 12 months after the date when administration in respect of the estate of the deceased 
person has been granted to make a claim. The amendment reduces this period to 6 months. 

See the full Explanatory statement here Justice and Community Safety Legislation Amendment Bill 2014

A small win in Victoria.

posted Oct 24, 2014, 1:45 PM by Greg Anastasi

This is a start but more reform is required.


The Vic parliament has passed a watered down version of the Justice Legislation Amendment (Succession and Surrogacy) Bill 2014.

Non dependent adult children still can make claims but but ex-partners that have finalized there separation and someone who helped take out the wheelie bin are out.

Letter from Victorian Attorney General

posted Oct 13, 2014, 4:29 AM by Greg Anastasi

Read the letter from Victorian Attorney General in response to my email of support.

Talk of change to Victorian FPA law?

posted Aug 26, 2014, 7:39 AM by Greg Anastasi   [ updated Sep 1, 2014, 12:30 AM ]

Talk of change to Victorian FPA law?


LAW & ORDER

Experts fear planned changes to estate laws will encourage ‘gold diggers

Growth in claims over 8 years

posted Aug 15, 2014, 6:15 PM by Greg Anastasi   [ updated Aug 15, 2014, 6:20 PM ]

This chart shows FPA claims that have been processed(not actually gone all the way to court) from 2005 to 2013.

Does this show that people are not providing for their dependents or that the NSWSC will re-write you will at the drop of a hat?

Has society changed this much in 8 years?

Or are no win no fee law firms making a killing?


I must give credit to NSWSC for the best written cases and the best reports of any state by far.





NSWSC FPA claims 2005-2013

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