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Monthly Insights at Harriss Jones Lawyers - May

As one client has raised with us this month, the year has gone so quickly! We’re at the end of May and we are coming up the end of financial year. Here’s the latest on what’s been happening at Harriss Jones Lawyers this past month.If you’re looking for advice around planning law, our solicitor Seth has been doing monthly seminars with the Planning Institute of Australia. As a member of the PIA, Seth has had access to a range of law-focused planning seminars and has recently completed sem...

When “Equal Treatment” Doesn’t Mean a 50/50 Split

A recent decision of the NSW Supreme Court, D’Apice v Passas (No 2) [2026] NSWSC 570, provides important lessons for anyone making a Will, and for adult children who may be contemplating a family provision claim.The case involved a dispute between two sisters over their late father’s estate. The central question was whether the father’s last Will—which left almost everything to his youngest daughter—was valid, or whether it had been made under “suspicious circumstances” t...

Estranged children can still claim a parent’s estate: Lessons from Gould v Bachell

When a parent dies and leaves nothing to their adult children – especially after years of estrangement – those children often feel a second rejection. They may wonder: is there any point in challenging the will? A recent decision of the NSW Supreme Court confirms that estrangement alone is not a complete answer to a family provision claim. However, the Court will also respect the close bonds a deceased person formed with others who were there for them in their final years.The case of Re...

What happens to your estate if you never sign your will?

A 2021 NSW Supreme Court decision offers a cautionary tale about the importance of executing your will, and a reminder that good intentions don't carry legal weight without a signature.The storyPaula Bate spent over 30 years devoted to the Genesian Theatre Company, a well-known Sydney theatre group. She held life membership, and in her final years made clear to friends, family and her solicitor that she wanted to leave her entire estate to the organisation she loved.Her solicitor drafted the wil...

What This Family Court Decision Means for You – A Plain English Guide

The Big PictureThis was a very difficult case. Both parents had problems. Both presented some risks to their children. The judge openly said he had to choose the "least worse option" – not a perfect solution, but the safest one available.If you're involved in family law proceedings, this case shows you how the Court thinks when neither parent is perfect.What the Case Was AboutA mother and father with two young children (aged 4 and 3) could not agree on:Whether the mother could&n...

When a Handshake Isn't Enough: Court Rejects "Debt Forgiveness Over Lunch" Claim Against Deceased Estate

In a recent decision, the NSW Supreme Court has provided a stark reminder of the difficulties in proving an oral variation to a contract, particularly when the other party is deceased and cannot speak for themselves.The case involved a claim by the executors of the estate of the late Mr David Daley to recover $3.7 million in unpaid loans made to his long-time friend and former business partner, Mr Geoffrey O’Connell. While Mr O’Connell did not dispute receiving the money, he argued that he s...

Monthly Insights - April at Harriss Jones Lawyers

We’ve come to the end of another month at Harriss Jones Lawyers so it’s time for another update on what we’ve been up to.We hope you all survived the Easter holiday period and if you were tasked with keeping the family busy during school holidays, we hope you were able to also get a break of your own.While we don’t have any major updates this month, we do have some news about changes coming which will have some minor impacts on our clients who may be thinking about purchasing property or...

"The Son I Never Had" - Deathbed Wills

If you think getting your affairs in order before Christmas is stressful, spare a thought for the late Andrew Young.Andrew was a 68-year-old disability pensioner from Morisset, NSW. He had a bushy Father Christmas beard, a love for fishing, and a very complicated estate battle that just wrapped up in the NSW Supreme Court.The case, Corbould v Gay [2026] NSWSC 385, is a wild ride involving a forged-looking will, a jailbird best friend, a "situationship," and almost $600,000 in legal fees. Le...

Loan Agreements With Friends or Family

The Big Picture: This case is a cautionary tale about what can go wrong when friends lend each other money, even when they write down a basic agreement. It shows that without a very clear contract, you can end up in court fighting over three main things: 1) Who actually owes the money, 2) How interest is calculated, and 3) How payments are applied.What happened in this case?The Loan: A woman (Ms. Le) lent $380,000 to a friend (Ms. Huang) to buy a house. The borrower’s male friend (Mr...

Interesting and Surprising Wills and Last Wishes

While most people see a Will as just a tool for distributing their assets, they can capture personal, and sometimes surprising, final wishes. From millionaire dogs to ashes in Pringles cans, this article explores some of the unexpected ways people have used their Wills and why it can be worth thinking beyond the basics to ensure your estate planning covers all of your wishes.Providing for a pet: did you know that you can leave money for your pet in your Will? They cannot be a beneficiary, but yo...

Understanding the Courts: Focus on NCAT

If you have ever dealt with a legal matter or simply watched the news, you will have heard references to various courts and tribunals without necessarily knowing what each one does or why it matters to you. For clients navigating wills, estates, and elder law, understanding which body handles which type of dispute can save significant time, money, and stress.This article gives a plain-English overview of the key forums relevant to estates work in New South Wales, with a detailed look at the NSW ...

Importance of Professional Estate Planning

Most people will know that they should put a Will in place to protect their assets, but will not know how best to do this. Post-office Wills or DIY Will kits are a tempting option for many. They are inexpensive, time efficient and accessible. So why go to a lawyer to get this done when it will cost more?Opting to do a DYI Will has numerous potential downfalls. Wording may be unclear and ambiguous, you may fail to meet the formal requirements of a valid Will, and the one-size-fits-all approach wi...

Costs of Surrogacy

First, have a read of our previous article ‘Surrogacy Law in New South Wales’ at https://www.hjlaw.com.au/blog/post/12393/surrogacy-law-in-new-south-wales/, to understand the legal aspects of the surrogacy process.While there is much to think about, one of the major things to look at are the predicted costs.It is not easy to provide a simple answer to the question of costs. Costs will vary majorly based on individual circumstances and the success of any treatments used. Pregnancy itself is a...

When a Diary Entry Becomes a Legal Will

The storyKenneth Warren Young was 85 years old when he died on 24 August 2022. He was divorced, had no children, and as far as anyone could find, had never made a formal will. He lived alone in Maroubra, Sydney.After he died, his niece Anthea found a notepad sitting on the armchair in his home where Kenneth used to sit. Inside it were three handwritten pages. They weren't a will in any conventional sense. They were the private writings of an old man on two nights, years apart, when he'd felt unw...

Future of AI Use in Law

The use of Generative Artificial Intelligence (‘Gen AI’) has become almost omnipresent in our world. Well known AI tools such as ChatGPT, which was only released in 2022, have rapidly evolved and have the ability to do things we would not have imagined just 10 years ago.The use of Gen AI can work as a transformative tool for the legal system, making processes cheaper, quicker and more accessible, but it must be used with caution. The regulation of technological processes, in particular, AI, ...

Monthly Insights at Harriss Jones Lawyers – March 2026

We’ve reached the end of another month at Harriss Jones Lawyers and as always, we’ve been busy helping our valued clients get through their key milestones of life. New home purchases, estate planning and handling the emotional process of deceased estates, we are thankful that our clients choose us for whatever they’re needing support with.On 10 March, Kathryn attended the all-day family law event at Elouera Surf Life Saving Club. This year’s seminars included presentations from Senior Ju...

Changes to NSW Planning Laws

There has been significant reform in recent months to the Environmental Planning and Assessment Act (1979)(the EPAA) with the most recent changes coming into force on 21 March of this year. These changes are set to streamline the process for section 4.55 modification applications.Forming part of the Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 the changes which have now come info force will provide property owners who have gone through the development appli...

Surrogacy Law in New South Wales

If you are considering surrogacy, it is important to understand the rules in place to ensure the protection of all parties involved, that your arrangement is secure, and the best interests of the child are paramount.What is surrogacy and how is it regulated?Surrogacy is a process where a woman agrees to carry and give birth to a child on behalf of another person or persons. It is a great pathway for families who cannot conceive or carry the child themselves.In New South Wales, the process is reg...

Retails Leases - Things You Need to Know

Retail lease agreements are not standardised in the same way as your residential rental lease. Often parties will obtain their own legal representation to assist them with drafting or reviewing and amending a retail lease and you as the lessee should engage a lawyer in order to review the lease and any special conditions which may be contained in the document. The formation of retail leases is legislated in NSW under the Retail Leases Act 1994 (The Act) which also has some key items you should u...

When the Past Poses a Present Risk - A Lesson in Parenting Appeals

In a recent decision, the Federal Circuit and Family Court of Australia (Division 1) dismissed an appeal by a former step-father against parenting orders that significantly limited his time with his former step-child.The case, Myrtle & Myrtle [2026] FedCFamC1A 23, serves as a powerful reminder of how courts assess the risk of family violence, the importance of being truthful in evidence, and the high bar for successfully appealing a parenting decision.What Was the Case About?The case co...

The Influencer Estate

A generation ago, estate planning centred on homes, superannuation and personal effects. Today, a person’s most valuable asset may not sit in a safe or a filing cabinet, it may sit behind a password.From monetised YouTube channels to cryptocurrency wallets and brand-driven Instagram accounts, digital assets are no longer peripheral to an estate. For some Australians, they are the estate.A recent survey conducted by the NSW Trustee and Guardian revealed:·      &nb...

Simplifying Court Costs - How do courts decide who pays the others costs?

For anyone involved in court proceedings, the final judgment is not the end of the story. Once the arguments are over and the verdict is in, a crucial question remains: who pays the legal bills?The recent Supreme Court of NSW case of Bushell v George [2025] NSWSC 1347 provides a perfect, real-world example of how a court navigates this tricky question, especially when the results are mixed. Siblings James and Hannah both sued their late father’s estate, but with very different l...

Estate Litigation: Can you sue a doctor for causing a will dispute?

The New South Wales Court of Appeal has recently weighed in on a complex and developing area of law: whether an executor can sue a medical professional for negligence after a testator (the person making the will) loses capacity.If you are an executor or a beneficiary dealing with the fallout from disputed wills and mounting legal costs, this case provides a crucial insight into how the courts are handling claims against the professionals involved in a testator's care.The Case in BriefThe case in...

Monthly Insights at Harriss Jones Lawyers - February

It is once again time for our monthly newsletter. February has been a busy month and we’ve gotten off to a great start for 2026. We can’t believe we are already two months into the new year!If you haven’t met her already, our new receptionist Nicole started in January who is already getting to know our valued clients, and assisting them through their journey with whatever milestone they are navigating. Nicole will be the consistent friendly face upon your arrival at our office. Welcome Nic...

Understanding NSW LEPs: Part 2 in Our Guide to Planning Law in NSW

In case you missed it, we recently explored Development Control Plans (DCPs) and how they influence development outcomes within a council’s area. While DCPs are important, they are not statutory instruments. In Part 2 of our series, we turn to Local Environmental Plans (LEPs) — the primary legal framework that governs land use in New South Wales.What is an LEP?A Local Environmental Plan (LEP) is a statutory instrument that applies to all land within a local government area. It divides land i...