This morning the Chief Justice dismissed an application for leave to commence a FPA that was commenced ten years out of time. Read Kay v Kreis here.
On 5 June 2017, very important amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren. I am proud of these amendments, being part of the Succession Law Committee of the QLS that lobbied for this uniformity. The … Continue reading Important amendments to Qld Succession Act re de factos
Source: Competing Relationships: Needs of De Facto vs Adult Children
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 ): 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
A 27 year old widow brought a claim, out of time, in the estate of her 70 yo deceased husband. The estate was worth approximately $1m. The applicant was left $10,000 plus two motor vehicles. In addition, she received $150,000 from his superannuation. The balance of the estate was left to his two children and … Continue reading Widow unsuccessful in out of time FPA
Estate worth $1.7m. Will shared estate (roughly) equally between the deceased's four children (would have been about $432K). Applicant was 66 yo who because of various illnesses and her age, was unable to work. She had assets of approx. $115K (car, furniture and cash) and was on a pension. Reasonably good relationship with mother. Applicant … Continue reading Another adult child claim dismissed
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
This eagerly anticipated judgement was handed down this morning by the High Court. It concerned the scope of a solicitor’s duty to a beneficiary, when preparing a will for a testator. The solicitor drafted the deceased’s will, which left everything to the sole beneficiary. The estate was not large and was substantially depleted by the … Continue reading Solicitor’s duty clarified – Badenach v Calvert  HCA 18
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!
An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend FPA. Negotiations had been continuing when the time expired. The application for summary dismissal was dismissed. Executor was joined personally to the action … Continue reading No joy for executor