Articles and legal news from the Atkinson Vinden Team.

  • Who can make a claim on my Will?

    When family provision claims against deceased estates are reported in the media, it sometimes appears as though anyone can make a claim on a deceased estate, no matter how remote the relationship between the parties. This is not the case. Only certain categories of “eligible persons” as defined in Section 57 of the Succession Act...


  • Life Estates

    If death doth give me home for life Such interest might place me in strife For after all, my life is marked By he who follows when I’ve carked For he gets nil – and that’s for certain While being a Remainderperson Anon Wordsworthless – (Poet Lorikeet)   Although some practitioners look at life estate as...

    Wills & Probate

  • Defamation Affects Us All

    This week saw one of our high-profile defamation cases involving Network Ten in the Federal Court. It is fascinating following the media coverage of these cases, because in effect this involves the media reporting on its own conduct. There is a clear fascination within media to understand how far they can push a story before...


  • Death after separation, but before divorce – How does it affect your Will?

    The period between separation and divorce is a perilous time for those with Wills. This is because generally marriage separation has no direct impact on a Will – it remains valid, including all the provisions in the Will in favour of an estranged spouse. Equally, if a person dies intestate (without a Will) after recently...

    Wills & Probate

  • Parenting Arrangements over Christmas Holidays

    As the Christmas school holiday period is fast approaching, separated parents often become concerned about their parenting arrangements over the holiday season. If you do not have Parenting Orders from the Court specifically providing for Christmas/holiday time with the children, conflict may occur during the holiday season due to disagreements over the time the children are...

    Family Law

  • Probate Caveats

    Most people are familiar with the idea of placing a caveat on a property. In that situation, a property cannot be sold until the caveat is removed. It is a process which protects a third party who has some financial interest in the property. There is a similar legal concept that is sometimes applicable in...