Estate Contestation in Australia: An Empirical Study of a Year of Case Law

31 Pages Posted: 10 Jul 2016

See all articles by Ben White

Ben White

Queensland University of Technology - Faculty of Law

Cheryl Tilse

University of Queensland

Jill Wilson

University of Queensland

Linda Rosenman

University of Queensland

Kelly Purser

Queensland University of Technology - Faculty of Law

Sandra Coe

Queensland University of Technology

Date Written: 2015

Abstract

This article reports on a study which reviewed all publicly available succession law judgments in Australia during a 12-month period. The article begins with a brief overview of the relevant Australian law and the method adopted for the case review to provide some context for the analysis that follows. It then shifts to its primary objective: to provide an overview of Australian estate litigation during this period with a particular focus on analysing the family provision contests, which comprised over half the cases in the sample. The article examines how many estates were subject to family provision claims, who were contesting them, and to what extent those challenges were successful. The article also considers variation in estate litigation across Australian states and the impact of estate size on contests. It concludes by identifying the themes that emerged from these judicial cases and outlines their significance for law and practice reform.

Keywords: Succession law, Will contestation, Estate planning, Family provision claims, Socio-legal studies

Suggested Citation

White, Ben and Tilse, Cheryl and Wilson, Jill and Rosenman, Linda and Purser, Kelly and Coe, Sandra, Estate Contestation in Australia: An Empirical Study of a Year of Case Law (2015). University of New South Wales Law Journal, Vol. 38, No. 3, 2015. Available at SSRN: https://ssrn.com/abstract=2806740

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Cheryl Tilse

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Jill Wilson

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Linda Rosenman

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Kelly Purser

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Sandra Coe

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

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