estate administration

December 23, 2022 caitebrewer estate administration, Informal wills, Law, Probate, Solemn Form Cases, wills

Solemn Form Probate decision

Judgment of Jackson J handed down this morning in a solemn form case. Shaw v Tane [2022] QSC 301.

December 15, 2021May 24, 2022 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

June 10, 2021 caitebrewer administrators, Case Updates, estate administration, executors, Law, Probate, removal of executors, wills

Warring siblings removed as executors

Judgment handed down this morning in a case where I appeared for the Applicant. Jackson J removed the 2 remaining executors and appointed an independent administrator. Read Re Franks [2021] QSC 134 here.

May 5, 2021May 5, 2021 caitebrewer Case Updates, COVID, estate administration, executors, Informal wills, Law, Probate, wills

Audio-visual witnessing of wills – Re Sheehan

Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan

June 8, 2020 caitebrewer estate administration, executors, Intestacy, Law, Legislation Updates, Probate, wills

eFiling trial starts today!!!

The Supreme Court of Queensland is today starting the live pilot trial of its new eFiling system, Objective Connect, for probate files. Certain firms, who participated in a dummy trial, will be using the eFiling system from today for their probate applications. The intention is to roll this out to all probate files, then eventually … Continue reading eFiling trial starts today!!!

April 22, 2020 caitebrewer estate administration, executors, Informal wills, Law, Probate

New Practice Direction re Informal wills and COVID-19

New PD issued by the Chief Justice of the Supreme Court this afternoon in relation to informal wills executed during COVID-19. In effect, if drafted by (or witnessed by, or supervised by) a solicitor, then wills that are witnessed by 1 or 2 witnesses via video conference but not physically, may be admitted to probate … Continue reading New Practice Direction re Informal wills and COVID-19

April 16, 2020 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

October 24, 2019October 24, 2019 caitebrewer Case Updates, estate administration, executors, Family Provision, Law

NDIS and FPAs

Yesterday I finished a trial of an FPA in the Supreme Court. The judgment is reserved and will be interesting because Ryan J is considering to what extent benefits that an applicant is to receive, or potentially receive, under the NDIS can be taken into account in determining whether adequate provision has been made and … Continue reading NDIS and FPAs

October 16, 2019 caitebrewer estate administration, Law, Probate

Doyle’s List – National Listings

Honoured to be named one of 4 Australian preeminent junior counsel for wills and estate litigation, and once again the only Queenslander. See the 2019 National Doyle's List here.