In a judgment handed down last Thursday, the Chief Justice found that a clause leaving "“any real estate that I own at the date of my death” did not encompass the repayment of a loan due following the termination of sublease of a unit in a retirement village. The case highlights how careful solicitors have … Continue reading Retirement village loan repayment not “real estate”
Offensive and scandalous conditions in wills
The Supreme Court has an inherent power to remove from a will, language that is considered to be "scandalous, offensive, defamatory or blasphemous". In Re Welsh, the deceased’s Will stated he had made no provision for his wife as their marriage had broken down, they lived separately and that “she is a compulsive and addicted gambler.” The … Continue reading Offensive and scandalous conditions in wills
Bill and Ted’s excellent adventure…
Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…
Record $3m award in FPA
"All happy families are alike; each unhappy family is unhappy in its own way." per Martin J in a judgment handed down yesterday, which smashed all records for the award to an able bodied son in a family provision application. The previous highest award was $900,000. Here, the award was $3m out of a $27m … Continue reading Record $3m award in FPA
Carer Cleans Up
In a judgment handed down this morning Byrne J granted solemn form probate of a will that left an elderly lady's house to her carer. It was held she had testamentary capacity despite having mild to moderate dementia. Read Re Barlow here.
FPA dismissed for want of prosecution
The deceased died in Feb 2006 and family provision proceedings were commenced by his daughter in Nov 2006. The will left the entire estate to a de facto of 22 years. No step had been taken since Dec 2008. The estate was worth less than $250,000. Reid DCJ dismissed the action for want of prosecution … Continue reading FPA dismissed for want of prosecution
Husband and wife sign wrong mirror wills
The UK Supreme Court has rectified a will where a husband and wife wrongly signed each other's mirror wills. The Court held it could be rectified under the power to rectify a clerical error (Queensland has a similar power in s33 of the Succession Act).At first instance and on the first appeal it had been … Continue reading Husband and wife sign wrong mirror wills
Disastrous results from SMSF
This article highlights how estate planning can go terribly wrong when self managed super funds are involved. It will be interesting to see if there is a negligence claim against the solicitors who drew the 2005 will. Read the article here.
de facto case where parties not living together
The NSW Supreme Court has held that a couple who did not live together, were nevertheless de facto partners for the purposes of intestacy rules. Read NSW Trustee and Guardian v McGrath here.
Mutual wills and undue influence claim struck out
This judgment was handed down this morning by Jackson J in a mutual wills/contract to make a will case. The defendant successfully applied to strike out the plaintiff's Statement of Claim on two bases. First, that an alleged testamentary contract, or a contract to make mutual wills did not have any consideration moving from one … Continue reading Mutual wills and undue influence claim struck out
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