We can help you buy or sell a residential or commercial property anywhere in Australia. Leasing contract services included.
ForumLaw provides legal services and contract work for any type of business transaction from business registration to succession matters.
We'll help make your project a success, from setting up & revising contracts and agreements to tracking sales & leases in multiple-strata unit projects online!
Choose a package that suits your needs. We then maintain constant legal watch of your business.
Take control of your assets today. Contact ForumLaw to arrange a new Will or review any existing arragements in place.
Stay in touch with how the law affects you! Subscribe to our
In the case of Chapple v Wilcox  NSWCA 392 the deceased left a Will leaving the whole of his estate valued at about $350,000 to his only child, a daughter. The daughter had a son.
The son brought a claim under the Succession Act for a "family provision" order. These types of orders allow the court to make orders for the proper maintenance, education or advancement in life in favour of eligible persons, for whom adequate provision has not been made in the Will of the deceased.
In this case the son had the capacity to earn about $100,000 a year, but elected to earn a minimal amount in his own business. He had no assets and he had a substantial debt. The son's father had offered the son financial assistance. The son had minimal contact with the deceased.
The deceased's daughter, had dedicated a considerable amount of time in the care and welfare of the deceased including making substantial contribution to the deceased's assets.
The primary judge referred to "community standards and expectations" which would lead to a decision in favour of the son and he made an order for most of the value of the estate be awarded to the son over a period of time.
The Court of Appeal overturned that decision citing it as "insupportable" on the facts of this case and described the decision as unreasonable and plainly unjust.