Court of appeal overturns FPA dismissal

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 [63]): 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

Widow unsuccessful in out of time FPA

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

Another adult child claim dismissed

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

Forfeiture, family provision and costs

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

Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18

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 [2016] HCA 18

A win for the charities!

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!

No joy for executor

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

Rare disentitling conduct case

Today a judgment was handed down which will please many executors and family members of deceased persons involved in litigation.  It was the first successful disentitling conduct case for many years. The conduct was that the applicant son was physically violent towards his mother and frequently abused her, prior to being completely excluded from her life. Sanderson … Continue reading Rare disentitling conduct case

Non-fulsome disclosure not good enough

Yesterday a family provision claim was dismissed in a large estate ($3.5m to $3.8m) primarily on the basis of the applicant’s failure to fully disclose his financial position. There was also a long estrangement of some 25 years. The applicant was a 55 year old son who was left only $10,000 from his father’s estate. … Continue reading Non-fulsome disclosure not good enough