May152025

When a court order comes knocking – reason to never ignore a Family Provision Act Claim

Estate Litigation, Family Law

When a court order comes knocking – Reasons to never ignore a Family Provision Act claim

A recent Supreme Court of WA judgment found a defendant was in contempt of court for ignoring orders in relation to a Family Provision Act 1972 (WA) (FPA) claim.

In The Public Trustee as administrator of the Estate of Jean Mary O’Sullivan v O’Sullivan [2025] WASC 108, the court found that the defendant, Mr O’Sullivan, was in contempt of court by resuming possession of property from which he had been evicted under a property seizure and delivery order (PSDO), following a previous successful FPA claim against his deceased mother’s estate by his sister in 2021.

Jean Mary O’Sullivan passed away on 8 April 2015 (Deceased). The Deceased was the registered proprietor of property in Safety Bay (Property). Mr O’Sullivan was granted probate of the Deceased’s estate (Estate) in 2016, and he became the registered proprietor of the Property. It was not until about 2019, that Mr O’Sullivan’s sister obtained a copy of the Deceased’s will and the grant of probate. In 2020, Mr O’Sullivan’s sister commenced an FPA claim.

Read more

Wills and Estate Law Insight – A Post Office Will – What Could Go Wrong?

Estate Litigation, Wills & Succession Planning

Post office wills are notorious amongst estate practitioners for being rife with issues. They do not provide for all different possible circumstances.

Without receiving advice from an experienced estate planning practitioner, you are likely to miss key factors regarding your circumstances that require specific considerations and plans put in place and recorded correctly in your will.

A very common requirement often overlooked is the requirement for testamentary trusts, which provide many benefits to your prospective beneficiaries, including asset protection, tax benefits, and risk mitigation.

Read more