Insights
Substantive writing on the issues that matter to our clients — family law, wills and estate planning, estate disputes, and Supreme Court property matters in NSW.
A testamentary trust is a trust created by your will, taking effect on death. Where they produce real benefit (minor beneficiaries, creditor exposure, family law exposure, vulnerable beneficiaries), and where the marketing claims overreach.
Granny flat arrangements between parents and adult children rarely come with proper documentation — and that omission produces estate disputes, Family Provision claims, and section 66G applications. What a proper agreement records, and why.
Chapter 3 of the Succession Act 2006 (NSW) lets eligible persons apply for further provision from a deceased estate. Who qualifies under s 57, the twelve-month limitation period under s 58, the factors under s 60, and the notional estate provisions under ss 75–80.
Where two or more people own property together and one will not agree to sell, section 66G of the Conveyancing Act 1919 (NSW) gives the NSW Supreme Court power to appoint trustees for sale. The discretion is narrow; most matters settle once the application is filed.