The Qld Ct of Appeal today handed down judgment in a rectification case. I appeared for the appellant. This is the first time an appellate court in Australia has considered the new, broader powers of rectification of wills (introduced in Qld in 2006). The testator and her partner told their solicitor they each wanted the … Continue reading Whose will is it anyway? Court of Appeal considers rectification power
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10 year out of time leave refused
This morning the Chief Justice dismissed an application for leave to commence a FPA that was commenced ten years out of time. Read Kay v Kreis here.
Important amendments to Qld Succession Act re de factos
On 5 June 2017, very important amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren. I am proud of these amendments, being part of the Succession Law Committee of the QLS that lobbied for this uniformity. The … Continue reading Important amendments to Qld Succession Act re de factos
Competing Relationships: Needs of De Facto vs Adult Children
Source: Competing Relationships: Needs of De Facto vs Adult Children
Sibling wars
Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother's estate. The brother and sister were very much estranged. There were some delays in the administration of the estate, some of which were caused by the applicant … Continue reading Sibling wars
Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time
Michele Davis Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time. The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the … Continue reading Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time
Capacity found despite dementia
In Roche v Roche it was found that the deceased had capacity to execute a will in 2006, despite having frontotemporal dementia. It was found that whilst the dementia affected his executive planning capacity, power to concentrate and left him uninhibited,the test for testamentary capacity is more concerned with whether he comprehended the extent of … Continue reading Capacity found despite dementia
Court of appeal overturns FPA dismissal
In a judgment handed down this morning, the Qld Court of Appeal overturned a decision of Martin J from last year, where he dismissed an application to extend the time for bringing an FPA. Gotterson JA said (at [63]): In my view, the appellant has advanced an arguable claim for further provision out of the deceased’s estate. … Continue reading Court of appeal overturns FPA dismissal
Widow unsuccessful in out of time FPA
A 27 year old widow brought a claim, out of time, in the estate of her 70 yo deceased husband. The estate was worth approximately $1m. The applicant was left $10,000 plus two motor vehicles. In addition, she received $150,000 from his superannuation. The balance of the estate was left to his two children and … Continue reading Widow unsuccessful in out of time FPA
