Last week the Tasmanian Full Court handed down a decision which clarifies a solicitor's duty to intended beneficiaries when taking instructions for a will. It was held the solicitor's duty to give proper effect to the testator's intentions extends to enquiries and advice about the possibility and ramifications of FPA claims, and further includes provision … Continue reading Solicitor’s duty to beneficiaries expanded
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Gallipoli – 100 years on
Those who know me probably know that in April I went to Gallipoli for the 100 year anniversary of the ANZAC landing. It was an unforgettable and moving experience. Richard Douglas QC also attended and has written about his experience in Hearsay, the journal of the Bar Association of Queensland. For anyone who is interested, … Continue reading Gallipoli – 100 years on
Unsuccessful statutory will case
This was a joint approach by two interested parties for the court to make a will on (their own) agreed terms. Young J was not satisfied that the proposed will was one that the person would make if she had capacity. The applicant was the attorney of the proposed testator. She was ordered to bear … Continue reading Unsuccessful statutory will case
New mutual wills case
Flocas v Carlson is a mutual wills case handed down 4 June 2015 by McMillan J in the Victorian Supreme Court. It is a very long decision (100 pages) but contains a very detailed history of mutual wills cases, and considers important issues such as: whether mutual wills agreements are a contract (thereby requiring consideration, … Continue reading New mutual wills case
Kingscliff in September
This year I am chairing the organising committee for the STEP Qld Annual Conference at Kingscliff on 4 September. You can view the excellent program here. You can register for the conference here. (Earlybird closes 31 July 2015.)
Radio National interview
Last week I was a guest on Radio National's Law Matters program on Financial Abuse and dementia. It was a discussion about wills, EPAs and capacity, and the growing problem of elder abuse with our ageing population. You can listen to the program here.
Ineffective codicil
This morning Martin J dismissed an application for probate of an informal codicil under s18 of the Succession Act 1981 (Qld). The deceased left a duly executed will, prepared by a solicitor. There was a later handwritten document, which was signed by her and dated, but not witnessed. It was stored with the will at a solicitor's office. … Continue reading Ineffective codicil
Disclaimer of gift
In a judgment delivered today Mullins J: considered whether a scholarship had been disclaimed by a beneficiary in circumstances where the beneficiary objected to some of the conditions of the gift - she held it had been considered whether the disclaimer could be retracted - whilst some circumstances in which a disclaimer could be retracted were discussed, … Continue reading Disclaimer of gift
Both parties’ costs capped in FPA
In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties' costs after a successful FPA by an applicant spouse. The applicant's costs were estimated at $140,000 and were capped at $100,000. The respondents' costs were estimated at $162,417.28 and were capped at $130,000. The Judge was critical that the actual amount … Continue reading Both parties’ costs capped in FPA
Superannuation – When is a binding nomination really binding?
The Supreme Court of Queensland has recently found that a purported binding death benefit nomination in a self managed superannuation fund was not valid. The nomination referred to payment to "Trustee of Deceased Estate". It was found that, due to the distinct difference in the role of an executor and the role of a trustee of a deceased estate, … Continue reading Superannuation – When is a binding nomination really binding?
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