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Michele Davis

Michele Davis

lawyer & educator

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Tag: disabled child

Decision Impossible, Part 2: Appeal against disabled son’s FPA dismissed, with costs

Near the end of last year, I wrote a post about an FPA by a disabled son where provision was ordered in favour of that son to the detriment of the surviving widow of the deceased. This was, I feel, aptly described in the title as “Decision Impossible” as the effect of the order was…

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Decision Impossible: FPA by disabled son against widow, forcing sale of family home in notional estate (NSW)

Recently, the NSW Supreme Court determined a very difficult family provision application by an adult son, in circumstances where the adult son was otherwise healthy when the deceased passed away, but subsequently suffered significant health issues following his father’s death. Further, the only available assets for such a family provision claim were via notional estate….

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