In a recent judgment Balusch DCJ dismissed an FPA by two adult children of the deceased where there was a small estate (only $300K, pretty much just the house) and the competing claim was a long term spouse (24 year marriage). Read Hay v The Public Trustee here.
Fiduciary and Super don’t mix?
A very important decision re legal personal representatives and how their duties interact with superannuation. The applicant was the mother of the deceased and the administrator of his estate. The respondent was the deceased’s father. The deceased died intestate. As he had no spouse, his parents were to share his estate equally under the intestacy … Continue reading Fiduciary and Super don’t mix?
Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate
Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband's will under the informal will provisions of the NSW Act (their equivalent of Qld’s s18). Held – That effect may be given to testamentary … Continue reading Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate
Retirement village loan repayment not “real estate”
In a judgment handed down last Thursday, the Chief Justice found that a clause leaving "“any real estate that I own at the date of my death” did not encompass the repayment of a loan due following the termination of sublease of a unit in a retirement village. The case highlights how careful solicitors have … Continue reading Retirement village loan repayment not “real estate”
Offensive and scandalous conditions in wills
The Supreme Court has an inherent power to remove from a will, language that is considered to be "scandalous, offensive, defamatory or blasphemous". In Re Welsh, the deceased’s Will stated he had made no provision for his wife as their marriage had broken down, they lived separately and that “she is a compulsive and addicted gambler.” The … Continue reading Offensive and scandalous conditions in wills
Bill and Ted’s excellent adventure…
Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…
Forfeiture rule applied to assisted suicide case
The Chief Justice this morning handed down a decision which applied the forfeiture rule to a conviction for assisted suicide. It is the first Australian case which considered the application of the rule, which disqualifies killers from benefiting from their crime, to a conviction for assisted suicide. Read The Public of Queensland v The Public … Continue reading Forfeiture rule applied to assisted suicide case
Record $3m award in FPA
"All happy families are alike; each unhappy family is unhappy in its own way." per Martin J in a judgment handed down yesterday, which smashed all records for the award to an able bodied son in a family provision application. The previous highest award was $900,000. Here, the award was $3m out of a $27m … Continue reading Record $3m award in FPA
Carer Cleans Up
In a judgment handed down this morning Byrne J granted solemn form probate of a will that left an elderly lady's house to her carer. It was held she had testamentary capacity despite having mild to moderate dementia. Read Re Barlow here.
QSuper now accepts BDBNs
Notice to Practitioners - QSuper now accepts binding death benefit nominations. The deed refers to the provisions of the SIS Act, so the usual SIS Act limitations (such as the 3 year lapse rule) will apply. It is a step forward though. See the provisions of the deed here.
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