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