A judgment handed down today in a case I was in last week, highlights the difficulties of family provision applications in small estates. Although the Judge found that "the testator failed to make adequate provision for the proper maintenance and support of" my client, it was held that the estate was too small to satisfy her needs. … Continue reading Cope v The Public Trustee of Queensland
FPA judgment – DW v RW
Judgment delivered this morning in a family provision case I recently ran in Rockhampton. Read the case here.
New Compsensation case
Last week Martin J gave judgment in an application for compensation under s107 of the Powers of Attorney Act - where the attorney had sold the principal's house to fund a nursing home deposit. The respondent did not contend against compensation being ordered, the issue was the amount of such compensation and how it should … Continue reading New Compsensation case
construction case
Interesting NSW Supreme Court construction case. The deceased inherited a number of shares from her late husband, subject to a condition that she ultimately gift those shares to her husband's nephews. Upon her death, the question was whether: (1) she took the shares absolutely and the balance of the provision (in her husband's will) is void; … Continue reading construction case
Non-Publication order made in attorney case
SPM v LWA [2013] QSC 138 is a case I recently appeared in before Henry J. Injunctions were made restraining certain activity relating to an attempt to revoke a power of attorney. Subsequently, a non-publication order was sought to prevent the identification of the principal. Orders were made preventing the publication of the identity of the respondent, but … Continue reading Non-Publication order made in attorney case
Costs denied in will rectification case
Another warning that costs do not always come out of the estate in contested estate litigation. In Coates v Wattson Windeyer AJ in the NSW Supreme Court refused to award costs to an unsuccessful party out of the estate in a rectification case where the evidence was clear that the will should be rectified. "The defendant … Continue reading Costs denied in will rectification case
Lawyer sued for failing to write up and sign woman’s will nine days before she died
Article from today’s Courier Mail. Read the article here. Read the case it talks about, Fischer v Howe here.
Was a trust was created?
In a recent judgment P. McMurdo J considered whether or not a property was held in trust, in circumstances where the trustee was not registered being a trustee of the lot and no reference was made to the alleged trust in the contract of sale. Read the case here.
Compensation claims against attornies – Summary Judgment not available for action commenced by OA
Daubney J held that summary judgement was not available in an action commenced by Originating Application (rather than by Claim and Statement of Claim). He would however, have dismissed the action on the basis that the claims, brought pursuant to ss.106 and 107 of the Powers of Attorney Act, were not maintainable on the basis … Continue reading Compensation claims against attornies – Summary Judgment not available for action commenced by OA
Probate caveat set aside with costs
In Garrihy v Garrihy [2013] QSC 74 Dalton J set aside a caveat on the basis that the respondent had not raised a doubt as to whether a grant of probate should be made. Interestingly, her Honour also ordered the respondent pay the estate's costs - once again dispelling the myth that costs always come … Continue reading Probate caveat set aside with costs
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