S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?
Removal of executors at loggerheads
In a judgment delivered this morning, Davis J removed two executors who were at loggerheads, without any finding of fault or unfitness to occupy office. His Honour found that the due and proper administration of the estate was best served by their removal and the appointment of an independent administrator. Read Re McLennan here.
Radio Interview
Last week I did an ABC radio interview about video wills, discussing the recent mobile phone video will case I appeared in. Listen here.
Recent media
August has been a busy month. Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be ignored Critical lessons for SMSF succession planning Pilot’s partner wins court approval to organise his funeral
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.
