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contentiousprobate
26
Jan
2022
Disinherited Widow Can Pursue Reasonable Provision Claim Despite Delay
Written by
Sydney Mitchell
If someone on whom you depend financially dies without reasonably providing for you in their will, you should contact a solicitor straight away. In a High Court case on point, a delay in seeking legal advice very nearly stymied a disinherited widow'...
01
Oct
2020
Top Tier for Sydney Mitchell in 2021 Legal 500
Written by
Karen Moores
Sydney Mitchell is recognised again in the Top Tier of the Legal 500 for our Contentious Probate team and our new Immigration department has joined the ranks in tier 2; with Andre Minnaar, Melissa Southall and Emma-Louise Hewitt recognised as rising...
21
Jul
2020
Daughter disinherited by ‘Delusional’ mother helped by High Court
Written by
Tracy Creed
The High Court came to the aid of a woman whose mother harboured false and delusional beliefs that she was a shopaholic who had stolen from her. In two wills made before her death, aged 76, the mother bequeathed almost all her estate, which was...
02
Jul
2020
High Court acts to rescue company after sole shareholder's death
Written by
Sydney Mitchell
If you are an entrepreneur and own your own company that is all the more reason why you should take professional advice regarding the consequences that might arise on your death says Kamal Majevadia, Partner at Sydney Mitchell LLP. In an unusual...
23
Jun
2020
High Court permits wife to inherit husband's assets despite unlawful killing
Written by
Sydney Mitchell
Few would quarrel with the long-standing rule of law that anyone who unlawfully kills another is barred from benefiting, financially or otherwise, from his or her crime. In a unique decision, however, the High Court waived that rule in the case of...
12
Jun
2020
High Court clarifies inheritance entitlement of man's children by previous marriage
Written by
Sydney Mitchell
Finding love again following a failed marriage or the death of your spouse is a happy event but it can also have major legal implications. A High Court case illustrated the difficulties in respect of inheritance that can arise in so-called ‘blended...
11
May
2020
Man locked out of flat after his partner dies intestate
Written by
Sydney Mitchell
If you die without making a will, there is a real risk that your loved ones may be left high and dry. In one case, a man who said that he was grieving over his partner’s death found himself bereft of legal rights and locked out of the flat they once...
28
Apr
2020
Do your medical records stay confidential forever?
Written by
Sydney Mitchell
Your privacy rights will die with you, but that does not mean that just anyone will be permitted access to your medical records after you are gone. The extent to which such records should remain under wraps post mortem was analysed in a High Court...
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