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

Barring claims under s68 Trusts Act

This is a case I was involved in last month.  Judgment was given yesterday. Finnegan v Garner [2019] QSC 100 The deceased died leaving a wife and eight children (including two step-children).  He and his wife separated in 2000, but did not divorce. The estate was worth just under $1m. It was believed that the … Continue reading Barring claims under s68 Trusts Act

caitebrewer Law

Optional Extra: Court held exercise of Option to Purchase not done properly

Michele Davis

Will making is sometimes pretty complex work. The plan will always be unique to a person’s wishes and the personal circumstances.  Every so often, I receive instructions from clients to include an ‘option’ for one of their family or friends to purchase their property. Usually, this is because they’re trying to balance at least two things: the equality among their intended beneficiaries and the wish for someone to receive a certain property.

One of the things that can be difficult with options to purchase properties is the way in which the clause that grants that option is crafted.  Does it contemplate how long that person has to say “Yes, I want to buy!”? Is that time reasonable? What should the purchase price be? If they don’t exercise the option to buy, then what happens after that?

A recent case of Cranitch v Cranitch & Ors [2019] QSC 42 brought this…

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caitebrewer Case Updates, Construction of wills, Costs, estate administration, executors, Family Provision, Law, Probate, Rectification of wills

Rectification where instructions given through an intermediary

Judgment was given this morning by Henry J in a rectification case where the deceased had given instructions for a will through his daughter. His Honour found "it is trite that instructions can be conveyed by an agent" and rectified the will to accord with those instructions. Read Fitzgerald v Rowley [2019] QSC 21 here. 

caitebrewer administrators, Case Updates, Construction of wills, Costs, estate administration, executors, Informal wills, Law, Probate

What is a “Purported will”?

S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?

caitebrewer Case Updates, Costs, estate administration, executors, Informal wills, Intestacy, Law, Probate

Another video will

This week Jackson J admitted a video recording to probate, made by the deceased and comprising a file on his personal computer. In it, the deceased said "My girlfriend would like me to do a will before I pick up my motorcycle. As I am too lazy, I’ll just say it... I’ll fill out the … Continue reading Another video will

caitebrewer Construction of wills, Costs, Enduring Power of Attorney, estate administration, executors, Family Provision, Informal wills, Intestacy, Law, Mutual wills, Probate, Rectification of wills, removal of executors, Solemn Form Cases, Statutory wills, STEP, Superannuation, Trusts

Australia wide Doyle’s List

I am really excited to be named one of the five preeminent junior counsel for the whole of Australia in the 2018 Doyle's List for "Leading Wills & Estates Litigation Barristers – Australia".  Also, the only Queenslander, and the only female barrister on the preeminent list.  You can view the list here.

caitebrewer Case Updates, Costs, Enduring Power of Attorney, estate administration, executors, Law, Superannuation

Court confirms attorney can make BDBN

Last Friday, Bowskill J of the Queensland Supreme Court held that a binding death benefit nomination (BDBN) made by attorneys was valid, in circumstances where the BDBN was confirming a nomination previously made by the principal. The judgment is very well reasoned and a relatively easy read. CAUTION - this case should not be treated … Continue reading Court confirms attorney can make BDBN

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

Removal of executors at loggerheads

In a judgment delivered this morning, Davis J removed two executors who were at loggerheads, without any finding of fault or unfitness to occupy office.  His Honour found that the due and proper administration of the estate was best served by their removal and the appointment of an independent administrator. Read Re McLennan here.