Judgment was given this morning by Henry J in a rectification case where the deceased had given instructions for a will through his daughter. His Honour found "it is trite that instructions can be conveyed by an agent" and rectified the will to accord with those instructions. Read Fitzgerald v Rowley  QSC 21 here.
S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?
I am really excited to be named one of the five preeminent junior counsel for the whole of Australia in the 2018 Doyle's List for "Leading Wills & Estates Litigation Barristers – Australia". Also, the only Queenslander, and the only female barrister on the preeminent list. You can view the list here.
Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will. Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate
A gift in a homemade will read as follows: “I now want my carer Violetta Del Campo of ... to receive $50,000 provided that she has remained my carer until my death.” The question was whether Ms Del Campo had satisfied the condition that she remained the deceased’s carer until the time of his death. … Continue reading Homemade wills and carers
August has been a busy month. Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be ignored Critical lessons for SMSF succession planning Pilot’s partner wins court approval to organise his funeral
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
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
In a judgment delivered yesterday, Jackson J of the Supreme Court of Queensland had to decide whether various gifts to Oxfam Australia "for the purposes of [various educational activities in developing countries]" were absolute gifts, conditional gifts, or charitable trusts for the specified purpose. The problem arose because Oxfam could no longer fulfil the specified purposes, … Continue reading Lack of trust