New succession cases have been added to the By Lawyers 101 Succession Answers (VIC) reference manual. These helpful recent cases fall under the Estates and Family provisions claims sections of the publication.
Costs in Family provision claims
Shelly v Prager (No 2)  NSWSC 1553 concerned the court assessing the overall justice of a case when determining whether special provision for costs should be made in a family provision claim. Williams J at  stated the following factors may be relevant:
– whether one party has engaged in unreasonable conduct in the commencement or maintenance of the proceedings which has resulted in the other party (or parties) to the proceeding incurring unnecessary costs;
– whether an applicant’s claim for provision out of an estate is frivolous, vexatious or made without reasonable prospects of success;
– whether an applicant’s claim, although unsuccessful, was otherwise reasonable, meritorious or borderline; and
– the relative size of the deceased estate.
Judicial advice for trustees
Re Perpetual Trustee Company Limited as a trustee for the Joseph Banington Davis Settlement  NSWSC 1574 concerned the dual purpose of an application for judicial advice by an executor/trustee. Robb J at  noted that:
It is…not right to see a trustee’s application for judicial advice about whether to sue or defend proceedings as directed only to the personal protection of the trustee. Proceedings for judicial advice have another and no less important purpose of protecting the interests of the trust.
The addition of these recent cases to 101 Succession Answers (VIC) is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.