In a recent judgment P. McMurdo J considered whether or not a property was held in trust, in circumstances where the trustee was not registered being a trustee of the lot and no reference was made to the alleged trust in the contract of sale. Read the case here.
Blog
Compensation claims against attornies – Summary Judgment not available for action commenced by OA
Daubney J held that summary judgement was not available in an action commenced by Originating Application (rather than by Claim and Statement of Claim). He would however, have dismissed the action on the basis that the claims, brought pursuant to ss.106 and 107 of the Powers of Attorney Act, were not maintainable on the basis … Continue reading Compensation claims against attornies – Summary Judgment not available for action commenced by OA
Probate caveat set aside with costs
In Garrihy v Garrihy [2013] QSC 74 Dalton J set aside a caveat on the basis that the respondent had not raised a doubt as to whether a grant of probate should be made. Interestingly, her Honour also ordered the respondent pay the estate's costs - once again dispelling the myth that costs always come … Continue reading Probate caveat set aside with costs
The nature of interim payments pending resolution of family provision applications
In Suduk v Duncan & Ors [2013] QSC 85 the deceased‟s will provided for the payment of $40,000 pa to the applicant daughter during her lifetime. The daughter brought a family provision application. Pending its resolution the executors made interim payments to her equivalent to the amount of the annuity. The application was settled and court orders were … Continue reading The nature of interim payments pending resolution of family provision applications
Re Limpus decision on Lexon Will Instruction Sheet
Read the decision in Re Limpus [2013] QSC 66 here. See previous post for details.
Supreme Court decision on Probate of Lexon Will Instruction Sheet
Philippides J today heard a case where a Lexon Will Instruction Sheet, duly signed and witnessed in accordance with s10 of the Succession Act (and as anticipated by the Lexon forms), had been requisitioned by the Probate Registrar and referred to a Judge. These types of common form applications are within the jurisdiction of the Registrar, … Continue reading Supreme Court decision on Probate of Lexon Will Instruction Sheet
Recent Qld solemn form case
Birt v The Public Trustee of Queensland [2013] QSC 13 is a very interesting read. The Court pronounced against the validity of the will. What is fascinating though (OK, maybe only to succession lawyers!) is that A Lyons J found against the first limb of the Bank v Goodfellow test - she was not convinced that the testator was able … Continue reading Recent Qld solemn form case
Tragic Death Prompts Unique Financial Planning Website – aptly named “Get Your Shit Together”
What a fantastic idea for a website - a salutary reminder to us all. Important note - the site is American, so Australians should not use the documents on there, but the checklists and other information and ideas on the site are great for anyone, wherever they might be! View article about Get Your Shit … Continue reading Tragic Death Prompts Unique Financial Planning Website – aptly named “Get Your Shit Together”
Court limits professional executor’s charging rights
The Supreme Court of NSW has limited an accountant executor's right to charge (pursuant to a charging clause in a will) for work that a non-accountant executor would have been justified in retaining an accountant to perform. This case is very relevant for solicitors who act as executors. Read Chick v Grosfeld (No. 3)
2012 in review
Wow, who would have thought this many people read my blog??? Amazing! The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog. Here's an excerpt: 600 people reached the top of Mt. Everest in 2012. This blog got about 4,000 views in 2012. If every person who reached the top of Mt. … Continue reading 2012 in review
caitebrewer.com.au 