The NSW Court of Appeal has dismissed an FPA appeal by a former paid sex worker, later carer for her former client the deceased. The trial judge had found she was not an eligible applicant because she was not in a de facto relationship with the deceased, nor did she fulfil other eligibility criteria (of which … Continue reading Former sex worker not a de facto
Another adult child FPA appeal dismissed
Yesterday the NSW Court of Appeal dismissed an appeal by an unsuccessful FPA applicant. The applicant was an adult child of the deceased. His mother died leaving her estate to her spouse (there were notional estate issues as well). The mother and step father had mirror wills which each left their estates to each other, … Continue reading Another adult child FPA appeal dismissed
To trust or not to trust, that is the question
Applegarth J today handed down a decision in a family provision application trial that took place earlier this month. I appeared for the applicant. The issue at trial was not whether adequate provision ought to be made, that much was conceded (although quantum was in issue), but whether any award for the applicant ought to … Continue reading To trust or not to trust, that is the question
High Court appeal
An application for special leave was filed last week against the decision of the Tasmanian Full Court in Calvert v Badenach [2015] TASFC 8. This is the case where the Full Court held that a solicitor owes a duty to beneficiaries of a will to advise the willmaker of the existence of family provision rights … Continue reading High Court appeal
Solicitor’s duty to beneficiaries expanded
Last week the Tasmanian Full Court handed down a decision which clarifies a solicitor's duty to intended beneficiaries when taking instructions for a will. It was held the solicitor's duty to give proper effect to the testator's intentions extends to enquiries and advice about the possibility and ramifications of FPA claims, and further includes provision … Continue reading Solicitor’s duty to beneficiaries expanded
Both parties’ costs capped in FPA
In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties' costs after a successful FPA by an applicant spouse. The applicant's costs were estimated at $140,000 and were capped at $100,000. The respondents' costs were estimated at $162,417.28 and were capped at $130,000. The Judge was critical that the actual amount … Continue reading Both parties’ costs capped in FPA
Spouse awarded $350,000 on FPA
In a recent judgment Smith DCJ awarded a spouse of 18 years $350K out of an estate of approximately $670K (after allowing for costs). She had been left a life interest in a house (to be chosen by her). The competing claims were two adult children from a previous marriage. Costs argument has been heard … Continue reading Spouse awarded $350,000 on FPA
Applicant slammed by Court of Appeal
Salmon v Osmond [2015] NSWCA 42 was handed down yesterday by the NSW Court of Appeal. It was an appeal against a decision awarding an adult child applicant the sum of $200,000 by way of further provision from her father’s estate. The Court of Appeal reduced the award to $50,000 and ordered that she bear … Continue reading Applicant slammed by Court of Appeal
Another record FPA award – $25m
Today the WA Supreme Court handed down a record judgment in which an FPA applicant was awarded $25m. The applicant was the granddaughter of mining heir Peter Wright, who co-founded Hancock Prospecting and Wright Prospecting with the late Lang Hancock. It will be interesting to see if there is an appeal. Read the case here.
New costs rule
On 19 December 2014, a new 700A was inserted into the Uniform Civil Procedure Rules regarding in estate and trust matters. The new rule is set out below. Of course, these matters were always able to be taken into account in the court's wide discretion on costs, so it will be interesting to see what practical effect … Continue reading New costs rule
caitebrewer.com.au 