caitebrewer Case Updates, Costs, Enduring Power of Attorney, estate administration, executors, Law, Trusts

Severence of Joint Tenancy – summary judgment in a fraud case

Yesterday I got judgment from the Chief Justice summarily dismissing an action that was attempting to attack a unilateral severence of a joint tenancy on the grounds of fraud. The Applicant (mother) and her daughter owned a property as joint tenants. Just before her death, the daughter engaged a solicitor to sever the join tenancy. … Continue reading Severence of Joint Tenancy – summary judgment in a fraud case

caitebrewer Enduring Power of Attorney, Informal wills, Law, wills

Qld passes legislation to allow for video witnessing of wills and EPAs

Last night the Qld Government passed legislation that is the first step to allowing wills and EPAs to be witnessed via video conference. But a warning, we're not quite there yet... The COVID-19 Emergency Response Bill 2020 (see reg 9) allows the Government to make regulations where an Act permits or requires the signing or … Continue reading Qld passes legislation to allow for video witnessing of wills and EPAs

caitebrewer Enduring Power of Attorney, estate administration, executors, Informal wills, Intestacy, Law, Legislation Updates, Probate

Electronic execution and witnessing of Wills and EPAs

An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs

caitebrewer Construction of wills, Costs, Enduring Power of Attorney, estate administration, executors, Family Provision, Informal wills, Intestacy, Law, Mutual wills, Probate, Rectification of wills, removal of executors, Solemn Form Cases, Statutory wills, STEP, Superannuation, Trusts

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.

caitebrewer Case Updates, Costs, Enduring Power of Attorney, estate administration, executors, Law, Superannuation

Court confirms attorney can make BDBN

Last Friday, Bowskill J of the Queensland Supreme Court held that a binding death benefit nomination (BDBN) made by attorneys was valid, in circumstances where the BDBN was confirming a nomination previously made by the principal. The judgment is very well reasoned and a relatively easy read. CAUTION - this case should not be treated … Continue reading Court confirms attorney can make BDBN

caitebrewer administrators, Case Updates, Enduring Power of Attorney, Trusts

Can an administrator invoke Saunders v Vautier?

Interesting judgment by the Qld Court of Appeal on whether a financial administrator for an adult without capacity can invoke a beneficiary's right to call an end to a trust under the principles in Saunders v Vautier.  2-1 decision on primary questions. Read Re Tracey [2016] QCA 194 here.

caitebrewer Case Updates, Costs, Enduring Power of Attorney, Statutory wills

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

caitebrewer Case Updates, Enduring Power of Attorney, Trusts

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

caitebrewer Case Updates, Enduring Power of Attorney, Law, Trusts

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…