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[CRIME] · Australia · 3 sources

NSW Supreme Court reviews estate distribution after husband's murder conviction

NSW Supreme Court law of forfeiture inheritance dispute murder conviction estate administration

The NSW Supreme Court is considering orders regarding the administration of a woman's estate after her husband was found guilty of her murder. The case involves the application of the law of forfeiture, which prevents individuals responsible for an unlawful killing from inheriting from the deceased.

The deceased had authored a will in 2012, prior to her 2015 separation from her husband, naming him as the primary beneficiary. The court heard that the couple had been involved in dismissed Family Court property settlement proceedings in 2018. Following the sale of two shared properties by the husband, the wife had lodged a caveat to prevent the sale of a third property.

Justice Francois Kunc noted that the family law proceedings served as a catalyst for the subsequent events. The offender reportedly fatally stabbed the woman while overseas. The court must now determine the distribution of the estate based on the civil standard of the balance of probabilities.

Entities

Francois Kunc · M de Mestre Lawyers · Mary-Ann de Mestre · NSW Supreme Court · Sydney

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Sources

Sydney court asked to make orders about woman’s estate after husband found guilty of her murder [www.brisbanetimes.com.au]
Sydney court asked to make orders about woman’s estate after husband found guilty of her murder [www.theage.com.au]
Sydney court asked to make orders about woman’s estate after husband found guilty of her murder [www.smh.com.au]