When Can an Executor Be Removed? Lessons from Ross v Gordon [2026] ACTCA 1
A recent decision from the ACT Court of Appeal serves as a timely reminder of how high the legal bar is for removing an executor — and the strict limits of using earlier court proceedings to prevent an executor from raising new arguments in later litigation. In Ross v Gordon [2026] ACTCA 1, the Court […]
Sharing the Burden: How Courts Allocate Family Provision Orders Among Beneficiaries
Little v Little [2026] NSWSC 36 Supreme Court of New South Wales | February 2026 Overview A recent decision of the Supreme Court of New South Wales offers important guidance on a question that arises frequently in contested estate matters: when a court makes a family provision order, who among the beneficiaries must bear the […]
Costs Capping in Family Provision Proceedings
Lord v Craig [2026] NSWSC 17 CML Lawyers | Estate & Succession Planning February 2026 Overview A recent decision of the NSW Supreme Court has provided important guidance on the court’s power to impose prospective costs capping orders in family provision proceedings. In Lord v Craig [2026] NSWSC 17, Justice Hmelnitsky made a costs capping […]
Why Digital Assets Matter in Estate Planning
Don’t Forget Your Digital Footprint: Why Digital Assets Matter in Estate Planning Most of us spend significant time online – banking, shopping, storing photos, managing investments, and staying connected with family and friends. But when it comes to estate planning, digital assets are often overlooked. If you haven’t considered what happens to your online accounts, […]
The Costs of Refusing a Reasonable Settlement: Lessons from EL-BAYEH v EL-BAYEH (NO 2)
Family provision claims often place executors in a difficult position: they must defend the estate while potentially facing personal costs consequences if they unreasonably reject settlement offers. A recent NSW Supreme Court decision, EL-BAYEH v EL-BAYEH (NO 2) [2025] NSWSC 1177, provides important guidance on when refusing a settlement offer can result in indemnity costs […]
Estate Planning Update – Vested vs Contingent Interests in Wills: Key Lessons from Goodman v Bryant
Goodman v Bryant [2025] NSWSC 1240 The recent decision in Goodman v Bryant delivers crucial guidance for estate planning practitioners and beneficiaries on the distinction between vested and contingent interests in wills. This Supreme Court of NSW case demonstrates how careful will construction can determine whether a beneficiary has an immediate legal entitlement or merely […]
Division 296 Superannuation Tax: Critical Changes You Need to Understand
Major Changes Announced – 13 October 2025 UPDATE: On 13 October 2025, the government announced significant amendments to the Better Targeted Superannuation Concessions (BTSC) measure in response to stakeholder feedback. These changes fundamentally address the most serious concerns raised by the superannuation industry, particularly regarding the taxation of unrealised gains. The proposed Division 296 legislation […]
Informal Wills
It is absolutely vital to do a legally binding Will – homemade wills are fertile grounds for litigation, because that’s when the judge decides. Yet another case handed down on Friday shows how important it is to not try and Do It Yourself if you want a legally effective document. Dural solicitor Peter Dawson has […]
Farm Succession Planning Checklist
FARM SUCCESSION PLANNING CHECKLIST Succession planning for a farm is crucial for ensuring the smooth transition of ownership and management to the next generation or successor. Here’s a comprehensive checklist for farm succession. Start Early and Communicate Begin the succession planning process early to allow for sufficient time to address potential challenges and facilitate a […]
Estate Planning Checklist
ESTATE PLANNING CHECKLIST Checklist for estate planning Estate planning in New South Wales involves organising your affairs to ensure your assets are distributed according to your wishes and your loved ones are taken care of after your passing. Here’s a comprehensive checklist for estate planning: Assess Your Assets and Liabilities Compile a list of […]