Reasons published in statutory will case

Applegarth J has published his reasons in a statutory will case that was heard over three days in August. A summary of the decision was published by Rebecca Treston QC recently, see the summary here. The costs decision will be an interesting one. Read Re APB here.

Whose will is it anyway? Court of Appeal considers rectification power

The Qld Ct of Appeal today handed down judgment in a rectification case.  I appeared for the appellant.  This is the first time an appellate court in Australia has considered the new, broader powers of rectification of wills (introduced in Qld in 2006). The testator and her partner told their solicitor they each wanted the … Continue reading Whose will is it anyway? Court of Appeal considers rectification power

Sibling wars

Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother's estate.  The brother and sister were very much estranged. There were some delays in the administration of the estate, some of which were caused by the applicant … Continue reading Sibling wars

Court of appeal overturns FPA dismissal

In a judgment handed down this morning, the Qld Court of Appeal overturned a decision of Martin J from last year, where he dismissed an application to extend the time for bringing an FPA. Gotterson JA said (at [63]): In my view, the appellant has advanced an arguable claim for further provision out of the deceased’s estate. … Continue reading Court of appeal overturns FPA dismissal

Forfeiture, family provision and costs

The deceased’s son was found responsible for the killing of his parents but was not found guilty of murder by reason of mental impairment. The estates were left in equal shares to the son and daughter. The granddaughter (daughter of the son) applied for approval of a compromise of two family provision applications. The compromise … Continue reading Forfeiture, family provision and costs

A win for the charities!

In a FPA judgment handed down 3 weeks ago a District Court Judge awarded significant sums to two applicants, but proposed to take the costs of the entire action out of the share of only one of the beneficiaries (who was a charity, and unrepresented at trial).  I acted for the charity in making submissions against that.  … Continue reading A win for the charities!

Unsuccessful statutory will case

This was a joint approach by two interested parties for the court to make a will on (their own) agreed terms.  Young J was not satisfied that the proposed will was one that the person would make if she had capacity. The applicant was the attorney of the proposed testator.  She was ordered to bear … Continue reading Unsuccessful statutory will case

Both parties’ costs capped in FPA

In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties' costs after a successful FPA by an applicant spouse.  The applicant's costs were estimated at $140,000 and were capped at $100,000.  The respondents' costs were estimated at $162,417.28 and were capped at $130,000. The Judge was critical that the actual amount … Continue reading Both parties’ costs capped in FPA