CASE: Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813

Blanche Minnie Condon died in 2016 leaving behind an estate worth about $7m. She had made her last Will only a few weeks before her death. Her Will made no provision for her nephew Andrew Battenberg, who was living in Scotland.

Andrew challenged the validity of the last Will. He much preferred Blanche’s earlier Wills in which he got a little something.

The catch? What makes this case different? Andrew had no assets in Australia, which made the executors of Blanche’s estate nervous about recouping legal costs if Andrew lost his case. It would take additional time and money to enforce any NSW court orders in Scotland. The executors asked the court for security for costs — basically, a legal “just in case” deposit.

In Part 1 we look at the executor's claim for security for costs.

In Part 2 we look at Andrew's challenge to the validity of the last Will and whether it was successful.

CASE: KNQ [2019] NSWCATGD 19

Despite the almost comical feel of the term “granny napping”, it is a serious problem that involves taking control over an older person’s life, isolating them from family and support networks, in order to get a financial advantage or other personal reasons. It is generally a traumatic experience for everyone involved.

In this case, everyone agreed that the older person KNQ (referred to in the episode as "Kate") was in need of full-time care in a nursing home. Her doctors agreed, the Aged Care Assessment Team agreed, her daughter agreed, and one of her sons agreed.

The only one who didn't agree was 'Kate's' son LAB (referred to as "Larry" in the episode).

On the very same day that the NSW Civil and Administrative Tribunal appointed the NSW Public Guardian to be Kate's guardian, Larry absconded with Kate across the border to the Canberra, ACT.

This kicked off further proceedings in the ACT Civil and Administrative Tribunal and the NSW Civil and Administrative Tribunal to determine who should be Kate's guardian and raised the question - If one Tribunal makes an order, can the other Tribunal overrule it?

CASE: NSW Trustee & Guardian v McGrath [2013] NSWSC 1894

Ethel Clarke was estranged from her family. Her closest relatives where six grandchildren who she rarely saw and who appeared to want nothing to do with her.

When Ethel died in October 2009 without a Will, the NSW Trustee & Guardian were appointed as the administrators of her estate.

Maurice McGrath claimed that he had been Ethel's de facto partner of more than 20 years, and was therefore entitled to a share of her estate.

The grandchildren disputed this, but how would they really know anything about Ethel's life?

The fight for Ethel's estate was still ongoing 4 years later, when Maurice died. Leaving it to Maurice's estate to continue the fight on his behalf.