Szabo & Associates News & Updates

Unconscionable conduct can be seen where a benefit is gained by one party through the deliberate exploitation of an imbalance of power relative to another party.  An example is when someone close to an elderly person with a mental disability, in the act of elder abuse, persuades the elderly person to transfer property to them.

The purpose of a settlement agreement is to bring a resolution to a dispute without the further litigation. However, in Fatseas v Fatseas bht Basha [2022],the NSW Supreme Court were called upon to consider a further dispute arising from the interpretation of a particular clause in a settlement agreement ‘finalised’ after a dispute over probate.

If a person dies without a Will it is referred to as dying intestate, and legislation will dictate how the assets will be split. Sometimes this is simple, such as if there is property that is jointly owned then this will automatically pass to the surviving partner. For assets owned solely by the deceased it will be necessary to appoint someone to administer the estate and distribute the property. 

A grant of probate is an Order made by the NSW Supreme Court confirming that the Will of a deceased person is valid and the nominated Executor can distribute the estate as described in the Will.

Following bereavement, there are several tasks that need to be considered and completed, which can make an already difficult time even more stressful. Among the things that might need to be considered are whether probate is needed, what is involved in the process and how a probate solicitor might help.