Calvin v McTier [2017] FamCAFC 125

Mr Calvin and Ms McTier married in February 2002, separated in April 2010 and divorced in August 2011.

After they separated, they did not have a formal division of assets or property settlement.

In January 2014, Mr Calvin received an inheritance from his late father's estate.

In March 2015, Ms McTier commenced proceedings in the family law courts seeking a division of the assets, including the inheritance.

Was she successful?

Issa v Owens [2023] QSC 4

Hind Issa owned 2 properties:

In 2018 she got the shock of her life when she found out that her properties had been mortgaged, the loan payments had defaulted, and the bank was taking her homes.

More distressing, it was her son James who she suspected forged her signatures on the loan and mortgage documents.

Was there a way for her to get her properties back?

Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164

When William Hickey was 16 years old, he suffered a traumatic brain injury and was awarded compensation. He spent most of his life travelling Australian with his parents, who provided him with close supervision and care.

After the death of his parents, he would have been left alone but instead was made a member of the Kimber family and became known to them as 'Uncle Bill'.

William had made several Wills during his life. His last one left most of his estate to the Kimbers.

William died at the age of 53 years and it was brought before the court to determine whether William had capacity to make his Will.

WARNING: This case covers disturbing content in relation to end of life and may not be appropriate for all audiences.

Hunter and New England Area Health Service v A [2009] NSWSC 761

The common law recognises two relevant but in some cases conflicting interests:

Suzanne Dale Smith by her next friend the Public Trustee v

The executor of a deceased estate has a pretty important and powerful position - they are tasked with holding all the assets in the estate, paying the debts, and distributing the estate to the nominated beneficiaries within a reasonable time.

But what happens when the executor doesn't do that?

This case involved the estate of Thomas Smith and his two daughters Suzanne and Marion. Marion had been appointed executor of the estate. In that capacity, she transferred a house and funds into her own name... and then did nothing.

Suzanne had to initiate legal proceedings against her sister for failure to administer the estate.

Harty v Chilton [2021] FamCA 34

What rights does a grandparent have when the parents of the grandchildren are separated or when there are questions about who the grandchildren should live with?

In this case there were 3 grandchildren between the ages of 11 and 16 years old. For too long they had been moved about, uprooted time and again, with no settled home they could rely on.

The parents had separated and there were concerns about the children's wellbeing if they were to reside with either parent.

Their grandmother - a steadfast parental figure and bulwark in their lives - applied to the Family Court for parental responsibility.

Was she eligible to apply and was she successful?

CASE: Poche v Poche [2020] NSWSC 83

Brenda had two children, Adam and Wayne. In her Will, she left Adam 15% of her estate and she left the rest to Wayne.

Adam made a family provision application seeking a greater share of the estate.

There was a family history of swapping houses, a family business that was taken over by Adam, and legal disputes. But what made this case stand out in the sea of family provision cases, is the legal costs Adam incurred: $627,000!

The big question for me is: was it worth it?

Hallani v Hallani [2013] NSWSC 91

A grieving widow appoints her brother-in-law to be her attorney, to authorise him to deal with the administration her late husband’s estate. Using that power, the brother-in-law transfers estate money to Lebanon into the control of his father and away from the rightful beneficiary, the widow.

Now the brother-in-law says he can’t get the money back. The widow initiates proceedings against him to hold him personally liable. Can he be liable even though he doesn't have the estate funds anymore?

Jedrzejewska v Sheedy [2023] VSC 511

An executor’s job is to administer a deceased’s person’s estate, including paying the deceased’s debts and distributing the inheritance to the beneficiaries. But what happens if the executor says he’s going to do it… but never does?

In this case, the appointed executor published an intention to deal with the estate but then delayed, delayed, delayed.

The primary beneficiary had to apply to the Victorian Supreme Court for the executor to be replaced, at significant cost and hassle to herself.

Maybe this case can be a reminder of the important role an executor plays, the serious duties imposed on an executor and what can happen if an executor goes AWOL.

This case was recommended by Mark Everingham of TPH Advisory: Smart Insolvency Solutions. Thank you to Mark and his mum for following the podcast.

On 16 April 2017, Peter Dansie took his then 67-year-old wife Helen out of her nursing home and drove her to Veale Gardens in Adelaide where there are several rock pools.

At 6.26pm he called emergency services, stating that Helen's wheelchair had fallen into a pond and she had drowned.

He was later charged with his wife's murder. The evidence in this case was largely circumstantial. Was it an accident or was it carefully planned by Peter to free himself from a wife he no longer wanted?