Szabo & Associates News & Updates

A man has successfully brought a claim for a share of the estate belonging to his deceased father, reports the Sydney Morning Herald.

Background

Letters of Administration grant authority to administer an estate of a deceased person. They are granted where the deceased dies intestate (without a Will) or where there is no executor of a Will to apply for Probate. Interested parties, such as beneficiaries, banks and insurance companies, will require someone to be granted Letters of Administration before funds from the deceased’s estate are released.

Background

The Supreme Court of Western Australia recently considered an unusual situation, the first of its kind in Australia. The case involved Brent Mack who, in 2012, had been convicted of his mother’s murder and is currently serving a lengthy custodial sentence. At the time of his conviction, the judge found that his main motive was access to his mother’s money. Ms Mack left no Will, so under the State’s intestacy laws, her estate would normally go to her two sons equally, meaning Brent and his brother Adrian Mack would benefit. However, under the Rule of Forfeiture a person cannot benefit from an estate where they are responsible for the death, and so Brent forfeited his share. The Forfeiture Rule is based on the principle that it is against public policy to allow a criminal to claim a benefit by virtue of his or her crime.

Following the nation’s vote in favour of the introduction of same-sex marriage, the bill that will introduce the necessary provisions into law has now been approved by the Senate, reports news.com.au. The same-sex marriage bill will now pass to the House of Representatives for a vote, which is expected to take place next week. 

A young woman has had her inheritance from her father’s estate substantially reduced by a decision of the Court of Appeal in Western Australia.