Source: Competing Relationships: Needs of De Facto vs Adult Children
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
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.
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
