Szabo & Associates News & Updates

Moore v Aubusson was a case heard by the NSW Supreme Court between Mr Moore and Ms Andreasen, neighbours of Mrs Murphy deceased, and the Executor of her Will, Mr Aubusson. The case highlights just how important it is to keep your Will updated.

Contesting a Will with a family provision claim usually arises because a person has been left out of a Will or has not received what they believe to be a fair share of the estate of the deceased. The Court’s decision in such cases will be based on a number of factors that directly relate to the individual circumstances.

The English High Court is currently hearing an interesting case where the former head girl of a private school, Ms Voysey, inherited the $7.5m estate of the school’s headmistress and owner, Mrs Renny. The estate mainly consists of the former school and land in Hertfordshire, north of London. A previous Will from 2016 divided the property among various family members, but a 2019 Will left everything to Ms Voysey. Shortly after making this Will, Mrs Renny passed away, aged 82.

When someone dies, the property they leave behind is called their estate. Assuming the deceased made a Will, this document usually names the Executor who is to be the person (or persons) who will be legally responsible for collecting the estate’s assets, paying off its debts and liabilities and distributing the net residual to the beneficiaries named in the Will.

A person is considered a beneficiary when named in a Will as being entitled to receive a portion of a deceased person’s estate. The person with legal responsibility for looking after the distribution of the estate with due care and diligence is the Executor.