Below is a link to a report on a case I appeared for the applicant for the appointment of an independent administrator. If the accused daughter is convicted of murder or manslaughter she will forfeit any benefit under her mother's will, and will also be precluded from acting as her executor. The court ordered the … Continue reading Forfeiture – Macedonian killing case
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Statutory wills – overcoming the problem of a testator dying before the will is signed
A useful, practical approach to a real problem - see this brief article written by Rebecca Treston QC http://hemmantslist.com.au/re-will-athena-gloria-white-parry-v-smith-ors/
Solemn or common form grant?
In this recent judgment Peter Lyons J discusses the differences between a common form and a solemn form grant of probate. Read Re Toulitch here.
Note attached to will admitted to probate
Yesterday Peter Lyons J admitted to probate a signed but unwitnessed note, which was found stapled to the front of copy of a duly executed will. The note recorded monies which the deceased wanted repaid to one of his daughters prior to distribution of his estate. Read Fraser v Melrose here.
Will Instruction Sheet fails as informal will
A solicitor's will instruction sheet was not admitted to probate as an informal will, in circumstances where the instruction sheets were incomplete in terms of what the deceased wanted included in his will and the deceased’s instructions were derived from different sources. McMillan J was not satisfied that the document, standing alone, and without any alteration or reservation, … Continue reading Will Instruction Sheet fails as informal will
Can an administrator invoke Saunders v Vautier?
Interesting judgment by the Qld Court of Appeal on whether a financial administrator for an adult without capacity can invoke a beneficiary's right to call an end to a trust under the principles in Saunders v Vautier. 2-1 decision on primary questions. Read Re Tracey [2016] QCA 194 here.
Out of time FPA dismissed
This morning Byrne J (Qld Supreme Court) dismissed an out of time FPA. The applicant would have received half of the estate under the will (E$750,000 as at DOD) and she filed her application months out of time, after making a conscious decision, after legal advice, not to commence the FPA within time. Read Budulica v … Continue reading Out of time FPA dismissed
Leave to swear death for helicopter crash
The applicant's husband was the pilot of a helicopter that crashed into waters off Cape Tribulation. The evidence suggested that he died in the accident but his body had not been found. Leave was granted to swear death. There was a discussion of whether such leave can be granted even though no probate application had yet been … Continue reading Leave to swear death for helicopter crash
Another adult child claim dismissed
Estate worth $1.7m. Will shared estate (roughly) equally between the deceased's four children (would have been about $432K). Applicant was 66 yo who because of various illnesses and her age, was unable to work. She had assets of approx. $115K (car, furniture and cash) and was on a pension. Reasonably good relationship with mother. Applicant … Continue reading Another adult child claim dismissed
Delusions, death and solemn form
Interesting case handed down yesterday by Lindsay J in the NSW Supreme Court discussing delusions and their effect on testamentary capacity. There is a good discussion about the law on delusions, as well as the difference between solemn form and common form grants. Read Re Sue [2016] NSWSC 721 here.
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