In Suduk v Duncan & Ors [2013] QSC 85 the deceased‟s will provided for the payment of $40,000 pa to the applicant daughter during her lifetime. The daughter brought a family provision application. Pending its resolution the executors made interim payments to her equivalent to the amount of the annuity. The application was settled and court orders were … Continue reading The nature of interim payments pending resolution of family provision applications
Supreme Court decision on Probate of Lexon Will Instruction Sheet
Philippides J today heard a case where a Lexon Will Instruction Sheet, duly signed and witnessed in accordance with s10 of the Succession Act (and as anticipated by the Lexon forms), had been requisitioned by the Probate Registrar and referred to a Judge. These types of common form applications are within the jurisdiction of the Registrar, … Continue reading Supreme Court decision on Probate of Lexon Will Instruction Sheet
Recent Qld solemn form case
Birt v The Public Trustee of Queensland [2013] QSC 13 is a very interesting read. The Court pronounced against the validity of the will. What is fascinating though (OK, maybe only to succession lawyers!) is that A Lyons J found against the first limb of the Bank v Goodfellow test - she was not convinced that the testator was able … Continue reading Recent Qld solemn form case
Court limits professional executor’s charging rights
The Supreme Court of NSW has limited an accountant executor's right to charge (pursuant to a charging clause in a will) for work that a non-accountant executor would have been justified in retaining an accountant to perform. This case is very relevant for solicitors who act as executors. Read Chick v Grosfeld (No. 3)
Supreme Court rectifies will
Judgment was given today in a rectification case I was recently involved in. The evidence of the solicitor who took instructions showed that the will as executed did not reflect the testator‘s intentions, despite the testator approving of the actual words used in the clause. Mullins J found that the will did not give effect … Continue reading Supreme Court rectifies will
Rich, lonely woman leaves $12.5m house to neighbour
A lesson to be nice to your neighbours! The Supreme Court of NSW has upheld a will which left an elderly woman's entire estate to her next door neighbour. The neighbour bought her bread and milk every day and helped with her daily chores. The lady's family unsuccessfully challenged the validity of the will. Read … Continue reading Rich, lonely woman leaves $12.5m house to neighbour
Artie Beetson wills
Today I appeared in the matter of the Estate of Arthur (Artie) Beetson, the former Australian rugby league captain. Unlike a lot of people who don't leave a will at all, the problem was that Artie had signed two wills on the same day, both home made will kits, albeit different will kits and therefore … Continue reading Artie Beetson wills
will ruled invalid as capacity not properly tested
The Supreme Court has found a will invalid because the proper steps were not taken to confirm the deceased had capacity. North J said the facts "might have raised some suspicion in the mind of a more experienced solicitor with professional accreditation in the field of wills and estates". Read case here
Court of Appeal speaks on FPAs
Last Friday the Qld Court of Appeal dismissed a family provision appeal in a small estate. Gotterson JA said “a mere right of residency will usually be an unsatisfactory method of providing for a surviving spouse’s accommodation. Where an estate consists of little more than a place of residence, a mere right of residency in it … Continue reading Court of Appeal speaks on FPAs
assignment, relinquishment or codicil?
A recent case I was in which considered the meaning of a document signed by a woman shortly before she died. The document was drafted without legal assistance and the court had to determine whether it was intended to be a codicil to her will, a relinquishment of her entitlement to a share of someone … Continue reading assignment, relinquishment or codicil?
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