The Qld Court of Appeal has ruled that a child by aboriginal culture is not a "child" of a deceased person for the purposes of intestacy, or family provision laws. The appellant administrator was the only surviving parent of the deceased. The deceased had no biological children. The respondent is the biological nephew of the … Continue reading When is a “child” a child?
Son ordered to pay costs on unsuccessful FPA
In a timely reminder that costs do not always come out of the estate, an unsuccessful adult son was ordered to pay the costs of both the executor and the separately represented beneficiaries (on a standard basis up until the date of a Calderbank offer, and on the indemnity basis thereafter). Read Daniels v Hall … Continue reading Son ordered to pay costs on unsuccessful FPA
Claim by adult children dismissed in favour of spouse
In a recent judgment Balusch DCJ dismissed an FPA by two adult children of the deceased where there was a small estate (only $300K, pretty much just the house) and the competing claim was a long term spouse (24 year marriage). Read Hay v The Public Trustee here.
Record $3m award in FPA
"All happy families are alike; each unhappy family is unhappy in its own way." per Martin J in a judgment handed down yesterday, which smashed all records for the award to an able bodied son in a family provision application. The previous highest award was $900,000. Here, the award was $3m out of a $27m … Continue reading Record $3m award in FPA
FPA dismissed for want of prosecution
The deceased died in Feb 2006 and family provision proceedings were commenced by his daughter in Nov 2006. The will left the entire estate to a de facto of 22 years. No step had been taken since Dec 2008. The estate was worth less than $250,000. Reid DCJ dismissed the action for want of prosecution … Continue reading FPA dismissed for want of prosecution
The Supreme Court of Queensland has held that an aboriginal person who was the biological nephew of a deceased person, but regarded by traditional Aboriginal custom as her child, may indeed be a "child" or "issue" for the purposes of both Part 3 (the intestacy provisions) and Part 4 (family provision) of the Succession Act 1981 (Qld). An … Continue reading
A Century Strong – 100 Years of Family Provision
STEP (The Society of Trust and Estate Practitioners) Qld Branch is excited to announce that it will be holding a one day seminar on 25 July 2014, in conjunction with the Queensland Law Society, to mark 100 years since family provision legislation was first introduced in Queensland. The program is being finalised but confirmed speakers … Continue reading A Century Strong – 100 Years of Family Provision
Jagoe v Maguire – FPA case
FPA case from NSW: long (second) marriage of 25 years; competing claims were four children of first marriage. Applicant received 33% of net estate. Read the case here.
District Court Judge caps both sides’ costs in FPA
In a judgment handed down this morning, Smith DCJ capped both parties' costs at $80K. In doing so he said "it should not be seen that this case is a precedent for the quantum of costs in such a dispute. It will be borne in mind that this case did involve a detailed examination into … Continue reading District Court Judge caps both sides’ costs in FPA
Cope v The Public Trustee of Queensland
A judgment handed down today in a case I was in last week, highlights the difficulties of family provision applications in small estates. Although the Judge found that "the testator failed to make adequate provision for the proper maintenance and support of" my client, it was held that the estate was too small to satisfy her needs. … Continue reading Cope v The Public Trustee of Queensland
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