caitebrewer Case Updates, Construction of wills, estate administration, executors, Law

Homemade wills and carers

A gift in a homemade will read as follows: “I now want my carer Violetta Del Campo of ... to receive $50,000 provided that she has remained my carer until my death.” The question was whether Ms Del Campo had satisfied the condition that she remained the deceased’s carer until the time of his death. … Continue reading Homemade wills and carers

caitebrewer administrators, Case Updates, estate administration, executors, Law, Probate, removal of executors

Spiney Bob case

A recent Courier Mail article on a case of mine http://www.couriermail.com.au/news/queensland/crime-and-justice/family-members-row-over-250m-fortune-left-by-worongary-hermit-spiney-bob-anthes/news-story/f71227092248f8f22a4646c253c35365

caitebrewer Case Updates, Costs, estate administration, executors, Family Provision, Law

Solicitors beware – Cost capping in FPA

Rosengren DCJ last week heard an application for final orders after the settlement of an FPA.  The settlement provided that the applicant's costs of $66K and the respondent's costs of $70K be paid from the estate.  Her Honour granted final orders, but in relation to costs, thought they were excessive (the estate was only $213K, … Continue reading Solicitors beware – Cost capping in FPA

caitebrewer Case Updates, estate administration, executors, forfeiture rule, Funeral cases, Intestacy, Law

Interesting Q on Operation of the Forfeiture Rule – is an indirect benefit prohibited?

What a fascinating case, wish I could have been in it!  I love the forfeiture rule. In a recent WA judgment a question arose as to the operation of the forfeiture rule, which prevents a killer from benefiting from the unlawful killing. The question in Public Trustee (WA) -v- Mack was whether a son, who was … Continue reading Interesting Q on Operation of the Forfeiture Rule – is an indirect benefit prohibited?

caitebrewer Case Updates, Costs, executors, Law, Statutory wills

Reasons published in statutory will case

Applegarth J has published his reasons in a statutory will case that was heard over three days in August. A summary of the decision was published by Rebecca Treston QC recently, see the summary here. The costs decision will be an interesting one. Read Re APB here.

caitebrewer estate administration, Family Provision, Informal wills, Law, Probate, Social, Solemn Form Cases, Statutory wills, STEP, Superannuation, Trusts

Doyle’s List 2017

Very proud to make Doyle’s List for the third year running, being named one of Queensland’s “Preeminent” Wills & Estate Litigation junior barristers in the 2017 rankings. The list can be viewed here.

caitebrewer administrators, Case Updates, Construction of wills, Funeral cases, Law, Probate, Statutory wills, Superannuation, Trusts

Recent media

August has been a busy month.  Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be ignored Critical lessons for SMSF succession planning Pilot’s partner wins court approval to organise his funeral