Szabo & Associates News & Updates

The purpose of a settlement agreement is to bring a resolution to a dispute without the further litigation. However, in Fatseas v Fatseas bht Basha [2022],the NSW Supreme Court were called upon to consider a further dispute arising from the interpretation of a particular clause in a settlement agreement ‘finalised’ after a dispute over probate.

If a person dies without a Will it is referred to as dying intestate, and legislation will dictate how the assets will be split. Sometimes this is simple, such as if there is property that is jointly owned then this will automatically pass to the surviving partner. For assets owned solely by the deceased it will be necessary to appoint someone to administer the estate and distribute the property. 

A grant of probate is an Order made by the NSW Supreme Court confirming that the Will of a deceased person is valid and the nominated Executor can distribute the estate as described in the Will.

Following bereavement, there are several tasks that need to be considered and completed, which can make an already difficult time even more stressful. Among the things that might need to be considered are whether probate is needed, what is involved in the process and how a probate solicitor might help.

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.