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22 February 2013 / Michael Tringham
Issue: 7549 / Categories: Features , Wills & Probate
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Freedom on trial

Michael Tringham follows the latest disputes in the wills & probate world

A testator’s freedom to choose who is to benefit from their estate may be qualified by court decisions under family provision claims, recent cases from Australia and Singapore show.

Sydney paparazzi Peter Carrette appointed his second and third ex-wives as his executrixes, leaving his estate to his two children by those marriages. But the fourth Mrs Carrette pointed out that her late husband’s divorce application, which he signed in April 2010, had not been filed before he died the following November. Although the couple separated in 2004, Mrs Carrette IV remained his wife, in a poorly-paid job and eligible to claim under the Succession Act. She sought A$200,000.

As executrices Mrs Carrette II and III argued that an informal property settlement (reportedly rubies and a Jaguar motor-car, together worth some A$15,000) meant that wife IV was not owed any moral duty for provision under the 2007 will. The New South Wales Supreme Court disagreed (Fillingham v Harrison & Carrette [2012] NSWSC

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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