Whose will is it anyway? Court of Appeal considers rectification power

The Qld Ct of Appeal today handed down judgment in a rectification case.  I appeared for the appellant.  This is the first time an appellate court in Australia has considered the new, broader powers of rectification of wills (introduced in Qld in 2006). The testator and her partner told their solicitor they each wanted the … Continue reading Whose will is it anyway? Court of Appeal considers rectification power

Sibling wars

Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother's estate.  The brother and sister were very much estranged. There were some delays in the administration of the estate, some of which were caused by the applicant … Continue reading Sibling wars

Court of appeal overturns FPA dismissal

In a judgment handed down this morning, the Qld Court of Appeal overturned a decision of Martin J from last year, where he dismissed an application to extend the time for bringing an FPA. Gotterson JA said (at [63]): In my view, the appellant has advanced an arguable claim for further provision out of the deceased’s estate. … Continue reading Court of appeal overturns FPA dismissal

Widow unsuccessful in out of time FPA

A 27 year old widow brought a claim, out of time, in the estate of her 70 yo deceased husband.  The estate was worth approximately $1m.  The applicant was left $10,000 plus two motor vehicles.  In addition, she received $150,000 from his superannuation.  The balance of the estate was left to his two children and … Continue reading Widow unsuccessful in out of time FPA

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