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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.

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

Mobile phone video recording admitted to probate

Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will.  Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate

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