Peter Lyons J has now published reasons in "the iPhone will case". Read Re Yu here.
Reasons published in iPhone will case
Peter Lyons J has now published reasons in "the iPhone will case". Read Re Yu here.
The Supreme Court of Queensland has held that an aboriginal person who was the biological nephew of a deceased person, but regarded by traditional Aboriginal custom as her child, may indeed be a "child" or "issue" for the purposes of both Part 3 (the intestacy provisions) and Part 4 (family provision) of the Succession Act 1981 (Qld). An … Continue reading
Equitable interest v personal right to reside
In a judgment handed down yesterday, Philip McMurdo J held that a right given to grandchildren under a will "to permit [them] to have the full use of the property for a period of five years from my death TOGETHER with the full use of my household furniture and household effects as a personal right" … Continue reading Equitable interest v personal right to reside
New capacity case – Sargent v Brangwin
Dalton J handed down a decision in a solemn form case this morning where the deceased's testamentary capacity was in question. The last will was upheld, despite her Honour finding that the matters raised by the medical evidence was "not trivial or frivolous" and parts of the evidence gave rise to doubt and possibilities and was … Continue reading New capacity case – Sargent v Brangwin
Judgment delivered in statutory will case
With reference to my blog of 11 October in relation to a new Qld statutory will case (read it here), the reasons for judgment were delivered today. Read Lawrie v Hwang here.
Victorian Informal Will Case
In a judgment handed down last Friday, McMillan J refused probate of an informal document pursuant to s9 of the Wills Act 1997 (Vic) (the equivalent to s18 of the Succession Act 1981 (Qld)). The alleged "will" was in the form of a statutory declaration, witnessed by only one person (who could not be identified). The case … Continue reading Victorian Informal Will Case
Qld position on lost wills clarified
In a judgment handed down today, the Chief Justice has clarified the position in Qld relating to probate of a copy of a lost will. His Honour discusses the position in NSW and South Australia, and the difference between admitting a copy of a lost will to probate under common law principles and applications under … Continue reading Qld position on lost wills clarified
Jagoe v Maguire – FPA case
FPA case from NSW: long (second) marriage of 25 years; competing claims were four children of first marriage. Applicant received 33% of net estate. Read the case here.
Privilege of wills and will instructions
In a recent case Justice Ann Lyons held that documents held by a solicitor relating to discussions about estate planning and the preparation of wills were subject to legal professional privilege, but that the privilege had been waived. I note this decision is contrary to a number of other decision which have held that wills and … Continue reading Privilege of wills and will instructions
District Court Judge caps both sides’ costs in FPA
In a judgment handed down this morning, Smith DCJ capped both parties' costs at $80K. In doing so he said "it should not be seen that this case is a precedent for the quantum of costs in such a dispute. It will be borne in mind that this case did involve a detailed examination into … Continue reading District Court Judge caps both sides’ costs in FPA
caitebrewer.com.au 