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
Delusions, death and solemn form
Interesting case handed down yesterday by Lindsay J in the NSW Supreme Court discussing delusions and their effect on testamentary capacity. There is a good discussion about the law on delusions, as well as the difference between solemn form and common form grants. Read Re Sue [2016] NSWSC 721 here.
Forfeiture, family provision and costs
The deceased’s son was found responsible for the killing of his parents but was not found guilty of murder by reason of mental impairment. The estates were left in equal shares to the son and daughter. The granddaughter (daughter of the son) applied for approval of a compromise of two family provision applications. The compromise … Continue reading Forfeiture, family provision and costs
Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18
This eagerly anticipated judgement was handed down this morning by the High Court. It concerned the scope of a solicitor’s duty to a beneficiary, when preparing a will for a testator. The solicitor drafted the deceased’s will, which left everything to the sole beneficiary. The estate was not large and was substantially depleted by the … Continue reading Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18
A win for the charities!
In a FPA judgment handed down 3 weeks ago a District Court Judge awarded significant sums to two applicants, but proposed to take the costs of the entire action out of the share of only one of the beneficiaries (who was a charity, and unrepresented at trial). I acted for the charity in making submissions against that. … Continue reading A win for the charities!
No joy for executor
An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend FPA. Negotiations had been continuing when the time expired. The application for summary dismissal was dismissed. Executor was joined personally to the action … Continue reading No joy for executor
Stepkids or no stepkids – that was the question
Ann Lyons J today handed down judgment in a will construction case. I was for the third respondent. The will was drawn by a solicitor and contained two conflicting gift over provisions. The testator in one clause left the residue of her estate to those of her children and stepchildren who were living at the … Continue reading Stepkids or no stepkids – that was the question
Is an appointor’s duty a fiduciary one?
Allanson J of the WA Supreme Court held, on the facts before him, that it was not. Read Blenkinsop v Blenkinsop Nominees [No 2] here.
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