Andrew Stevens
Barrister
Called to the Bar in 2015, Andrew is an expert in the areas of Equity and Succession Law, including probate, family provision, contested estates and equity claims. A sought after speaker and practitioner, Andrew often presents at Continuing Professional Development seminars on the topic of succession law.
Practice Areas
Select Cases
- Knox v Peacock [2024] NSWSC 976 – acting in a successful defence of a probate claim (lack of testamentary capacity). Equitable estoppel and testamentary contract also pleaded and substantially dealt with at the hearing, but were abandoned by other side on the last day of the hearing
- Pargeter v Pargeter [2024] NSWSC 675 – acting for defendant in a family provision claim, settled during hearing, question of burden of provision dealt with as a separate question
- Rydzewski v Rydzewski (No 2) [2024] NSWSC 1074 – acting for independent administrator on costs application by beneficiary who brought proceedings against another for the benefit of the estate, question of whether beneficiary entitled to at least part of his costs from the estate
- Scott v Scott [2022] NSWCA 182 – respondent in successful dismissal of appeal; family provision claim (lead by C Birch SC)
- Scott v Scott (No 2) [2022] NSWSC 914 – costs decision; after successful family provision claim
- Scott v Scott [2021] NSWSC 1619 – family provision claim by child
- Ibrahim v Nasr [2021] NSWSC 1321 – family provision claim; defending claim by wife
- Sankari v Abouelhamd [2021] NSWSC 707 – successful revocation of grant application, later will existed when grant made (lead by M Condon SC)
- Robinson v Robinson [2020] NSWCA 4 – respondent in successful appeal against approval of a release under s95, Succession Act, made in chambers by consent (lead by J Armfield)
- Robinson v Robinson [2019] NSWCA 180 – respondent in leave to appeal application against approval of a release under s95, Succession Act made in chambers by consent
- Nielsen v Kongspark [2019] NSWSC 1821 – successful defence against family provision claim by child; notional estate; dismissed with costs
- Condon v Tonkin [2018] NSWSC 449 – construction of will; whether “child” in will meant child adopted out by deceased
- Hancock, Shaun v Parker; Hancock, Lisa v Parker [2017] NSWSC 759 – successful family provision claim by grandchild
- Smilevska v Smilevska (No 2) [2016] NSWSC 397 – successful constructive trust/ estoppel claim (lead by D Liebhold)
- Smilevska v Smilevska [2015] NSWSC 1794 – appointment of tutor; a defendant lacked capacity (lead by D Liebhold)
Tables on family provision cases in 2020, 2021, 2022, 2023; procedure in family provision claims; knowledge and approval; delinquent executors; and more – papers available on request.
Admissions
- Admitted to the Bar (New South Wales): 2015
- Admitted as a Solicitor of the Supreme Court of New South Wales: 2012
Qualifications
- LLM (Wills & Estates), College of Law
- Dip.Law, LPAB / USYD, LEC