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”?
Another video will
This week Jackson J admitted a video recording to probate, made by the deceased and comprising a file on his personal computer. In it, the deceased said "My girlfriend would like me to do a will before I pick up my motorcycle. As I am too lazy, I’ll just say it... I’ll fill out the … Continue reading Another video will
Court confirms attorney can make BDBN
Last Friday, Bowskill J of the Queensland Supreme Court held that a binding death benefit nomination (BDBN) made by attorneys was valid, in circumstances where the BDBN was confirming a nomination previously made by the principal. The judgment is very well reasoned and a relatively easy read. CAUTION - this case should not be treated … Continue reading Court confirms attorney can make BDBN
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.
Mobile phone video recording admitted to probate
Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will. Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate
Mobile phone video will
See Courier Mail article published today on a case I was in last week.
Homemade wills and carers
A gift in a homemade will read as follows: “I now want my carer Violetta Del Campo of ... to receive $50,000 provided that she has remained my carer until my death.” The question was whether Ms Del Campo had satisfied the condition that she remained the deceased’s carer until the time of his death. … Continue reading Homemade wills and carers
Solicitors beware – Cost capping in FPA
Rosengren DCJ last week heard an application for final orders after the settlement of an FPA. The settlement provided that the applicant's costs of $66K and the respondent's costs of $70K be paid from the estate. Her Honour granted final orders, but in relation to costs, thought they were excessive (the estate was only $213K, … Continue reading Solicitors beware – Cost capping in FPA
