Australia wide Doyle’s List

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.

Mobile phone video recording admitted to probate

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

Homemade wills and carers

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

Recent media

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

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

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

Lack of trust

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

Disclaimer of gift

In a judgment delivered today Mullins J: considered whether a scholarship had been disclaimed by a beneficiary in circumstances where the beneficiary objected to some of the conditions of  the gift - she held it had been considered whether the disclaimer could be retracted - whilst some circumstances in which a disclaimer could be retracted were discussed, … Continue reading Disclaimer of gift

Retirement village loan repayment not “real estate”

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”