In a recent judgment Smith DCJ awarded a spouse of 18 years $350K out of an estate of approximately $670K (after allowing for costs). She had been left a life interest in a house (to be chosen by her). The competing claims were two adult children from a previous marriage. Costs argument has been heard … Continue reading Spouse awarded $350,000 on FPA
Applicant slammed by Court of Appeal
Salmon v Osmond [2015] NSWCA 42 was handed down yesterday by the NSW Court of Appeal. It was an appeal against a decision awarding an adult child applicant the sum of $200,000 by way of further provision from her father’s estate. The Court of Appeal reduced the award to $50,000 and ordered that she bear … Continue reading Applicant slammed by Court of Appeal
Another record FPA award – $25m
Today the WA Supreme Court handed down a record judgment in which an FPA applicant was awarded $25m. The applicant was the granddaughter of mining heir Peter Wright, who co-founded Hancock Prospecting and Wright Prospecting with the late Lang Hancock. It will be interesting to see if there is an appeal. Read the case here.
When is a “child” a child?
The Qld Court of Appeal has ruled that a child by aboriginal culture is not a "child" of a deceased person for the purposes of intestacy, or family provision laws. The appellant administrator was the only surviving parent of the deceased. The deceased had no biological children. The respondent is the biological nephew of the … Continue reading When is a “child” a child?
Court of Appeal delivers reasons in statutory will case
Reasons were delivered today in GUA v GAV. Read the decision here. NB - this is the appeal from the first instance decision of ADT v LRT[2014] QSC 169 (there has been some confusion about this because of the change of initials).
The Intersection of Informal Wills and Testamentary Capacity
Judgment delivered today by Dalton J in Re Spencer discusses the timing of testamentary intention in relation to informal wills. Read Re Spencer here. (all parties' costs were ordered to be paid from the estate on the indemnity basis.)
Qld Court of Appeal to rule on statutory wills
The unsuccessful applicant in the recent case of ADT v LRT has appealed the decision. It will be the first time the Qld Court of Appeal has considered statutory wills (quite exciting for us succession lawyer nerds). Readers will recall the facts were as follows. The proposed testator’s son separated from his wife after the … Continue reading Qld Court of Appeal to rule on statutory wills
Security for costs ordered in de facto appeal
The deceased died intestate. The respondent alleged he was her de facto spouse. A finding was made by the trial judge that he was not. He appealed that decision. Security for costs of the appeal was sought, and ordered in the sum of $10,000. Read Burton v Spencer here.
Attorney permitted to exercise powers of consent in trust deed
In a decision today, Byrne J of the Qld Supreme Court found that the power given to a "parent" under a trust deed to consent to a trustee's amendment of the trust, could be exercised by the parent's attorney if the parent is incapacitated. No reasons for decision were given, but orders were made permitting … Continue reading Attorney permitted to exercise powers of consent in trust deed
ADT v LRT [2014] QSC 169
See my last blog about statutory will case. The decision can be accessed here.
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