Unfulfilled testamentary intentions

by

Ed.

From www.bartier.com.au: The Supreme Court in Boyd v Roberts elevated the consideration of unfulfilled testamentary intentions under the Succession Act 2006 (NSW) by granting Eliza Boyd $450,000 from her late father’s notional estate, despite his lack of a formal will.

The court acknowledged Peter Roberts’ expressed intentions to benefit Eliza but noted that family complexities, particularly with his second wife, prevented the creation of a will.

Ultimately, the decision highlights the need for sufficient provision for beneficiaries, particularly in blended family scenarios where assets may not be straightforwardly distributed.

Filed under: SME & Family Business