Solicitors beware – Cost capping in FPA

Rosengren DCJ last week heard an application for final orders after the settlement of an FPA.  The settlement provided that the applicant's costs of $66K and the respondent's costs of $70K be paid from the estate.  Her Honour granted final orders, but in relation to costs, thought they were excessive (the estate was only $213K, … Continue reading Solicitors beware – Cost capping in FPA

Interesting Q on Operation of the Forfeiture Rule – is an indirect benefit prohibited?

What a fascinating case, wish I could have been in it!  I love the forfeiture rule. In a recent WA judgment a question arose as to the operation of the forfeiture rule, which prevents a killer from benefiting from the unlawful killing. The question in Public Trustee (WA) -v- Mack was whether a son, who was … Continue reading Interesting Q on Operation of the Forfeiture Rule – is an indirect benefit prohibited?

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