A recent SA decision has found that an executor owes the same duty as an administrator to get superannuation funds into the estate. More importantly, it was held that any conflict was not authorised by the will, because: there was "a sophisticated superannuation policy governed by a complex trust deed in which the trustee has discretionary functions." There … Continue reading Taking McIntosh one step further…
Rare disentitling conduct case
Today a judgment was handed down which will please many executors and family members of deceased persons involved in litigation. It was the first successful disentitling conduct case for many years. The conduct was that the applicant son was physically violent towards his mother and frequently abused her, prior to being completely excluded from her life. Sanderson … Continue reading Rare disentitling conduct case
Non-fulsome disclosure not good enough
Yesterday a family provision claim was dismissed in a large estate ($3.5m to $3.8m) primarily on the basis of the applicant’s failure to fully disclose his financial position. There was also a long estrangement of some 25 years. The applicant was a 55 year old son who was left only $10,000 from his father’s estate. … Continue reading Non-fulsome disclosure not good enough
Court of Appeal considers Informal Will
Yesterday the Queensland Court of Appeal handed down its first decision on an informal will case. You can read Lindsay v McGrath here.
Sale of retirement village unit
Judgment was handed down this afternoon by Burns J in this construction case. I appeared for the respondent. The deceased's will left her daughter "an amount of money equivalent to that amount received by my estate upon the sale of my interest in [a retirement village unit] …" It was argued that the gift failed for two … Continue reading Sale of retirement village unit
WA appeal decision in solemn form case
It's not that often that solemn form cases get to appellate level, so to get a judgment from the WA Court of Appeal in a capacity case is pretty exciting. There were five grounds of all appeal against the trial judge's decision to grant probate in solemn form. All were unsuccessful and the appeal dismissed. … Continue reading WA appeal decision in solemn form case
Court of Appeal speaks on informal wills
On Thursday the NSW Court of Appeal dismissed an informal will appeal. The trial judge had declined to admit the document to probate. The deceased left a valid will leaving everything to his wife. He also left a later document in the same form, with handwritten amendments, signed and dated but not witnessed, leaving everything … Continue reading Court of Appeal speaks on informal wills
Former sex worker not a de facto
The NSW Court of Appeal has dismissed an FPA appeal by a former paid sex worker, later carer for her former client the deceased. The trial judge had found she was not an eligible applicant because she was not in a de facto relationship with the deceased, nor did she fulfil other eligibility criteria (of which … Continue reading Former sex worker not a de facto
Another adult child FPA appeal dismissed
Yesterday the NSW Court of Appeal dismissed an appeal by an unsuccessful FPA applicant. The applicant was an adult child of the deceased. His mother died leaving her estate to her spouse (there were notional estate issues as well). The mother and step father had mirror wills which each left their estates to each other, … Continue reading Another adult child FPA appeal dismissed
When is a contract to make a will a contract?
The decision of Haggarty v Wood (No. 2) [2015] QSC 244 was handed down yesterday by Jackson J in an alleged testamentary contract case. I appeared for the defendant. Almost 2 years ago the plaintiffs had their statement of claim struck out, with leave to re-plead. See Haggarty v Wood judgment here. Since then the … Continue reading When is a contract to make a will a contract?
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