See the transcript of Applegarth J's comments in defence of the legal profession in a criminal trial. Read the transcript here.
FPA dismissed for want of prosecution
The deceased died in Feb 2006 and family provision proceedings were commenced by his daughter in Nov 2006. The will left the entire estate to a de facto of 22 years. No step had been taken since Dec 2008. The estate was worth less than $250,000. Reid DCJ dismissed the action for want of prosecution … Continue reading FPA dismissed for want of prosecution
New Newspapers for Probate advertising approved
Yesterday the Chief Justice issued a new Practice Direction approving additional newspapers for the publication of probate advertisements. View PD No. 2 of 2014 here.
Husband and wife sign wrong mirror wills
The UK Supreme Court has rectified a will where a husband and wife wrongly signed each other's mirror wills. The Court held it could be rectified under the power to rectify a clerical error (Queensland has a similar power in s33 of the Succession Act).At first instance and on the first appeal it had been … Continue reading Husband and wife sign wrong mirror wills
2013 in review
The WordPress.com stats helper monkeys prepared a 2013 annual report for this blog. Here's an excerpt: A New York City subway train holds 1,200 people. This blog was viewed about 7,900 times in 2013. If it were a NYC subway train, it would take about 7 trips to carry that many people. Click here to … Continue reading 2013 in review
Disastrous results from SMSF
This article highlights how estate planning can go terribly wrong when self managed super funds are involved. It will be interesting to see if there is a negligence claim against the solicitors who drew the 2005 will. Read the article here.
de facto case where parties not living together
The NSW Supreme Court has held that a couple who did not live together, were nevertheless de facto partners for the purposes of intestacy rules. Read NSW Trustee and Guardian v McGrath here.
DVD will admitted to probate
Dalton J has admitted to probate a will that was recorded on a DVD (pursuant to s18 of the Succession Act). Read Mellino v Wnuk [2013] QSC 336 here.
Mutual wills and undue influence claim struck out
This judgment was handed down this morning by Jackson J in a mutual wills/contract to make a will case. The defendant successfully applied to strike out the plaintiff's Statement of Claim on two bases. First, that an alleged testamentary contract, or a contract to make mutual wills did not have any consideration moving from one … Continue reading Mutual wills and undue influence claim struck out
Reasons published in iPhone will case
Peter Lyons J has now published reasons in "the iPhone will case". Read Re Yu here.
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