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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

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!)

Applications Protocol for Brisbane Lockdown

This Protocol applies from today (30 March 2021) until further notice, for all matters in the Applications List in Brisbane. See the full Protocol here. In summary: consent orders to be emailed by 9am on hearing day - will be made on paperswhere discretion required, submissions also required. Matter will remain on the List but … Continue reading Applications Protocol for Brisbane Lockdown

New Protocol for Applications List

The Supreme Court of Queensland has issued a new Protocol for the Applications List, effective Monday 10 August. It replaces the existing Protocol, which has been in effect since 25 May 2020 (the link on the website to this old Protocol no longer works). In essence, the new Protocol is consistent with the practice that … Continue reading New Protocol for Applications List