New Heir Waves podcast episode. In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant’s List, and discuss the recent decision of Lambourne v Marrable [2023] QSC 219 involving a dispute about the validity of the revocation of older and making of new enduring powers of attorney where a principal lost capacity and … Continue reading Capacity and EPAs
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New Supreme Court Wills & Estates List Practice Directions
New Supreme Court (Qld) Practice Direction - the Wills & Estates List Protocol has now been turned into a Practice Direction. It's in very similar terms, and can be found here.
Costs in probate cases
Another example of costs not always coming out of the estate in probate cases. In Shaw v Tane (No 2) [2023] QSC 19 the unsuccessful plaintiff was ordered to pay the defendant's costs of the proceedings. It is a (very common) myth that everyone's costs will be bourne by the estate in solemn form probate … Continue reading Costs in probate cases
Solemn Form Probate decision
Judgment of Jackson J handed down this morning in a solemn form case. Shaw v Tane [2022] QSC 301.
Is the survivor under a Mutal Wills Agreement a trustee?
I appeared for the respondent in this recent case, who was the surviving testator under a mutual wills agreement. The Applicant, who asserted he was one of the ultimate beneficiaries of the mutual wills agreement, applied to court, after the death of his father, to force his step mother to disclose her assets and liabilities … Continue reading Is the survivor under a Mutal Wills Agreement a trustee?
Severence of Joint Tenancy – summary judgment in a fraud case
Yesterday I got judgment from the Chief Justice summarily dismissing an action that was attempting to attack a unilateral severence of a joint tenancy on the grounds of fraud. The Applicant (mother) and her daughter owned a property as joint tenants. Just before her death, the daughter engaged a solicitor to sever the join tenancy. … Continue reading Severence of Joint Tenancy – summary judgment in a fraud case
Gift and Loan Back Arrangements
I have long been a skeptic about the enforceability of gift and loan back arrangements that do not involve the actual transfer of physical cash or money at the gifting stage. Promissory notes seem to be the latest trend in these “gifting” schemes. This decision that was handed down 2 days ago didn’t deal with … Continue reading Gift and Loan Back Arrangements
Warring siblings removed as executors
Judgment handed down this morning in a case where I appeared for the Applicant. Jackson J removed the 2 remaining executors and appointed an independent administrator. Read Re Franks [2021] QSC 134 here.
Audio-visual witnessing of wills – Re Sheehan
Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan
Another new Applications Protocol (no more lockdown – yay!)
Another Protocol has been released today for Applications List in the Brisbane Supreme Court with effect from Tuesday 6 April. See the Protocol here. It brings the procedure back to pretty much what it was last week, before the lockdown. In summary: Apps List Manager will email the day before the hearing seeking details of … Continue reading Another new Applications Protocol (no more lockdown – yay!)
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