Family Provision Wills And Probate

Family Provision, Wills And Probate

James has substantial experience mediating and drawing documents in part IV Administration & Probate matters and general advice work on wills and estates and appearing at associated interlocutory applications. In these matters James has a high  settlement rate. He has represented clients over 130 matters since 2014.

James regularly advices on and appears in:

  • Contests as to will validity on the grounds of capacity;
  • Applications to proceed out of time;
  • Applications to remove executors;
  • Applications for force proper conduct by executors.

  1. Meeuwissen v Meeuwissen [2015] VSC 669 (27 November 2015)
  2. Warriner v Warriner [2015] VSC 314 (1 July 2015)
  3. TESTATOR’S FAMILY MAINTENANCE – Application by adult able-bodied son – Jurisdictional requirements of Part IV of Administration and Probate Act
  4. 1958 (Vic)PRACTICE AND PROCEDURE — Stay of family provision proceedings pending determination of criminal proceedings. 
  5. James co-wrote the Commercial Bar Association submission to the 2012 the Victorian Law reform commission review into Victoria succession laws and in particular the subjects of: Wills, Family Provision, Intestacy, Executors, Small Estates, and Estate Debts.

Also case note here. He successfully prosecuted an application for a solicitor to cease acting in a Part IV application: O’Loughlin v Arnott & Anor [2014] VSC 416 (3 September 2014)

See Commbar articles here and here. In this decision his cross examination of the Defendant resulted in the Defendant being referred to the Australian Taxation Office and Centrelink: Brimelow v Alampi [2016] VSC 135 (8 April 2016)

The decision in which his application for the definition of step-child to include children of biological parent and de-facto in Bail v Scott-Mackenzie [2016] VSC 563 (20 September 2016) has been upheld by the Court of Appeal see here: Scott-Mackenzie v Bail [2017] VSCA 108 (10 May 2017)

See also MILLER v MILLER [2017] SASC 37 (22 March 2017)

See the following cases:

Rosa Siciliano vs Maria Crocitta Wills Estate
Kritsidimas v Dimitrakakis [2019] VSC 704 (23 October 2019)
Re Giannilivigni [2019] VSC 800 (5 December 2019)
Callus v KB Investments [2020] VCC 135 (26 February 2020)


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Owen Dixon West Chambers,
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