Blog

A Century Strong – 100 Years of Family Provision

STEP (The Society of Trust and Estate Practitioners) Qld Branch is excited to announce that it will be holding a one day seminar on 25 July 2014, in conjunction with the Queensland Law Society, to mark 100 years since family provision legislation was  first introduced in Queensland.  The program is being finalised but confirmed speakers … Continue reading A Century Strong – 100 Years of Family Provision

Jagoe v Maguire – FPA case

FPA case from NSW: long (second) marriage of 25 years; competing claims were four children of first marriage.  Applicant received 33% of net estate.  Read the case here.

Milk or Avocados?

An excellent LinkedIn Discussion by Ann Janssen from Estate First Lawyers about the problems associated with informal wills and potential construction and liability issues.  Read the Discussion page here.

Address by the Chief Justice to STEP Qld Annual Conference

6 September 2013.  Read the address here.

Where there’s a will… Family feuds lead to 700% increase in High Court disputes in five years

This is a great article, really shows the importance of proper estate planning.  People who do their own wills (or worse still, don't have a will at all), for the sake of saving a few hundred, or a few thousand dollars, take note.  Of course for me, I am in the right specialty, as I only deal … Continue reading Where there’s a will… Family feuds lead to 700% increase in High Court disputes in five years

Lovely day for it

I am heading down to Kingscliff today for the STEP Qld Branch annual Trusts and Estates conference.  With temperatures of 23-25 degrees over the next 3 days, what a great time of year for it! Kingscliff Program 2013

QLRC review of the Trusts Act

The Qld Law Reform Commission released its Interim Rreport on "A Review of the Trusts Act 1973 (Qld)".  Both the Bar Association of Qld and the Qld Law Society are preparing responses.  You can access the report here.

Privilege of wills and will instructions

In a recent case Justice Ann Lyons held that documents held by a solicitor relating to discussions about estate planning and the preparation of wills were subject to legal professional privilege, but that the privilege had been waived. I note this decision is contrary to a number of other decision which have held that wills and … Continue reading Privilege of wills and will instructions

District Court Judge caps both sides’ costs in FPA

In a judgment handed down this morning, Smith DCJ capped both parties' costs at $80K.  In doing so he said "it should not be seen that this case is a precedent for the quantum of costs in such a dispute.  It will be borne in mind that this case did involve a detailed examination into … Continue reading District Court Judge caps both sides’ costs in FPA

Cope v The Public Trustee of Queensland

A judgment handed down today in a case I was in last week, highlights the difficulties of family provision applications in small estates. Although the Judge found that "the testator failed to make adequate provision for the proper maintenance and support of" my client, it was held that the estate was too small to satisfy her needs.  … Continue reading Cope v The Public Trustee of Queensland