News
Ari Katsoulas and Jordan Lee successful in the Court of Appeal in Tanner v Tanner [2026] NSWCA 100
Succession Law / Friday, 29th May 2026
Ari Katsoulas leading Jordan Lee, both of Two Wentworth, appeared for the successful respondents in a New South Wales Court of Appeal case concerning the proper construction of a Will. The Will divided the estate residue equally among the deceased’s three children but directed that a property previously transferred to the appellant and his wife be treated as an advancement and deducted from his share. Upholding the primary judge's decision, the Court ruled that hotchpot clauses must be interpreted using ordinary principles of construction rather than specific equitable doctrines. Additionally, the judgement addressed counsel's admissions against interest not withdrawn, the evidentiary effect of acknowledging received consideration in property transfers, and the onus of proof when factual doubts are raised in written submissions prior to a hearing.
The full judgment can be found at: https://www.caselaw.nsw.gov.au/decision/19e67fba7b9cc1bba30d52aa