Judgment was given today in a rectification case I was recently involved in. The evidence of the solicitor who took instructions showed that the will as executed did not reflect the testator‘s intentions, despite the testator approving of the actual words used in the clause. Mullins J found that the will did not give effect … Continue reading Supreme Court rectifies will
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Rich, lonely woman leaves $12.5m house to neighbour
A lesson to be nice to your neighbours! The Supreme Court of NSW has upheld a will which left an elderly woman's entire estate to her next door neighbour. The neighbour bought her bread and milk every day and helped with her daily chores. The lady's family unsuccessfully challenged the validity of the will. Read … Continue reading Rich, lonely woman leaves $12.5m house to neighbour
Artie Beetson wills
Today I appeared in the matter of the Estate of Arthur (Artie) Beetson, the former Australian rugby league captain. Unlike a lot of people who don't leave a will at all, the problem was that Artie had signed two wills on the same day, both home made will kits, albeit different will kits and therefore … Continue reading Artie Beetson wills
will ruled invalid as capacity not properly tested
The Supreme Court has found a will invalid because the proper steps were not taken to confirm the deceased had capacity. North J said the facts "might have raised some suspicion in the mind of a more experienced solicitor with professional accreditation in the field of wills and estates". Read case here
Court of Appeal speaks on FPAs
Last Friday the Qld Court of Appeal dismissed a family provision appeal in a small estate. Gotterson JA said “a mere right of residency will usually be an unsatisfactory method of providing for a surviving spouse’s accommodation. Where an estate consists of little more than a place of residence, a mere right of residency in it … Continue reading Court of Appeal speaks on FPAs
It’s harder to be kind than clever
What a great feelgood story, I loved this and think it is so true! Read the article here
assignment, relinquishment or codicil?
A recent case I was in which considered the meaning of a document signed by a woman shortly before she died. The document was drafted without legal assistance and the court had to determine whether it was intended to be a codicil to her will, a relinquishment of her entitlement to a share of someone … Continue reading assignment, relinquishment or codicil?
de facto cases flavour of the week
Douglas J has dismissed a family provision claim by an alleged de facto, finding that there was no de facto relationship Read the case
Court of Appeal rules on de facto case
The Qld Court of Appeal on Monday handed down a decision on a disputed de facto case. The case was a fight between a mother and the partner of a deceased 25 year old woman who died in 2009 leaving behind two children aged 4 and 6. The Court of Appeal upheld the trial judge's finding that … Continue reading Court of Appeal rules on de facto case
New Suspicious Circumstances case
The South Australian Full Court has handed down a decision (Hall v Carney [2012] SASCFC 76) finding that the primary judge erred in finding no suspicious circumstances surrounding the execution of a will. However, the Court went on to find that the Judge was correct in his finding that the deceased knew and approved of the … Continue reading New Suspicious Circumstances case
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