Douglas J has dismissed a family provision claim by an alleged de facto, finding that there was no de facto relationship Read the case
Court of Appeal rules on de facto case
The Qld Court of Appeal on Monday handed down a decision on a disputed de facto case. The case was a fight between a mother and the partner of a deceased 25 year old woman who died in 2009 leaving behind two children aged 4 and 6. The Court of Appeal upheld the trial judge's finding that … Continue reading Court of Appeal rules on de facto case
New Suspicious Circumstances case
The South Australian Full Court has handed down a decision (Hall v Carney [2012] SASCFC 76) finding that the primary judge erred in finding no suspicious circumstances surrounding the execution of a will. However, the Court went on to find that the Judge was correct in his finding that the deceased knew and approved of the … Continue reading New Suspicious Circumstances case
new homemade will case
A Supreme Court decision handed down yesterday highlights what can go wrong with homemade wills. In this case, the few hundred dollars that the testator saved ended up not only in his wishes not being carried out (with a resulting intestacy), but it also cost his estate in excess of $100K. Read O'Brien v Smith … Continue reading new homemade will case
May Case Updates
Davis v Davis (No 2) [2012] NSWSC 523 - Revocation of grant of probate - test to be applied - whether grant to named executor should be revoked - grant revoked - NSW Trustee appointed administrator . Morrison v Abbott [2012] NSWSC 320 (5 April 2012) - FAMILY PROVISION – settlement of applicant’s claim at mediation … Continue reading May Case Updates
Recent Case Updates
Adams (Dec'd) [2012] QSC 103 - The making of a will - Revocation - Destruction or mutilation or striking out portions - where will contained several handwritten markings on it - where applicant made an application for probate of the will without any handwritten alterations appearing therein, and for letters of administration on intestacy of testator's late … Continue reading Recent Case Updates
Recent Case Updates
Keep v Bourke [2012] NSWCA 64 Family provision – testatrix with three adult children leaves whole estate to two of them equally - long estrangement between third child and testatrix – third child obtains at first instance an order giving her a legacy of roughly one third of estate – whether primary judge correctly applied jurisdictional or … Continue reading Recent Case Updates
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