The Supreme Court of Queensland has held that an aboriginal person who was the biological nephew of a deceased person, but regarded by traditional Aboriginal custom as her child, may indeed be a "child" or "issue" for the purposes of both Part 3 (the intestacy provisions) and Part 4 (family provision) of the Succession Act 1981 (Qld). An … Continue reading
Equitable interest v personal right to reside
In a judgment handed down yesterday, Philip McMurdo J held that a right given to grandchildren under a will "to permit [them] to have the full use of the property for a period of five years from my death TOGETHER with the full use of my household furniture and household effects as a personal right" … Continue reading Equitable interest v personal right to reside
New capacity case – Sargent v Brangwin
Dalton J handed down a decision in a solemn form case this morning where the deceased's testamentary capacity was in question. The last will was upheld, despite her Honour finding that the matters raised by the medical evidence was "not trivial or frivolous" and parts of the evidence gave rise to doubt and possibilities and was … Continue reading New capacity case – Sargent v Brangwin
Home made wills
The opening paragraph of a recent WA case says it all: Home made wills are a curse. Occasionally where the assets of a testator are limited and where the beneficiaries are not in dispute no difficulties may arise in the administration of an estate. Flaws in the will can be glossed over and the interests … Continue reading Home made wills
Judgment delivered in statutory will case
With reference to my blog of 11 October in relation to a new Qld statutory will case (read it here), the reasons for judgment were delivered today. Read Lawrie v Hwang here.
LSC complaint dismissed
Read the long- awaited decision of Alan Wilson J handed down today in LSC v Bone [2013] QCAT. The LSC brought charges against a solicitor in relation to an estate. The interesting findings include: Rule 10.1 of the (old) Solicitors Rule, which required that a solicitor who receives instructions from a client to draw a will appointing the solicitor … Continue reading LSC complaint dismissed
New Statutory will case – Qld
Read today's Courier Mail article Korean bride left with nothing in husband's will, court decides
Victorian Informal Will Case
In a judgment handed down last Friday, McMillan J refused probate of an informal document pursuant to s9 of the Wills Act 1997 (Vic) (the equivalent to s18 of the Succession Act 1981 (Qld)). The alleged "will" was in the form of a statutory declaration, witnessed by only one person (who could not be identified). The case … Continue reading Victorian Informal Will Case
A tale of a brief in 29 parts – tips for junior lawyers briefing counsel in the email age
I liked this article by Mark McKillip. A tale of a brief in 29 parts - tips for junior lawyers briefing counsel in the email age.
Qld position on lost wills clarified
In a judgment handed down today, the Chief Justice has clarified the position in Qld relating to probate of a copy of a lost will. His Honour discusses the position in NSW and South Australia, and the difference between admitting a copy of a lost will to probate under common law principles and applications under … Continue reading Qld position on lost wills clarified
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