caitebrewer Case Updates, COVID, estate administration, executors, Informal wills, Law, Probate, wills

Audio-visual witnessing of wills – Re Sheehan

Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan

caitebrewer Enduring Power of Attorney, Informal wills, Law, wills

Qld passes legislation to allow for video witnessing of wills and EPAs

Last night the Qld Government passed legislation that is the first step to allowing wills and EPAs to be witnessed via video conference. But a warning, we're not quite there yet... The COVID-19 Emergency Response Bill 2020 (see reg 9) allows the Government to make regulations where an Act permits or requires the signing or … Continue reading Qld passes legislation to allow for video witnessing of wills and EPAs

caitebrewer estate administration, executors, Informal wills, Law, Probate

New Practice Direction re Informal wills and COVID-19

New PD issued by the Chief Justice of the Supreme Court this afternoon in relation to informal wills executed during COVID-19. In effect, if drafted by (or witnessed by, or supervised by) a solicitor, then wills that are witnessed by 1 or 2 witnesses via video conference but not physically, may be admitted to probate … Continue reading New Practice Direction re Informal wills and COVID-19

caitebrewer Enduring Power of Attorney, estate administration, executors, Informal wills, Intestacy, Law, Legislation Updates, Probate

Electronic execution and witnessing of Wills and EPAs

An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs

caitebrewer administrators, Case Updates, Construction of wills, Costs, estate administration, executors, Informal wills, Law, Probate

What is a “Purported will”?

S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?

caitebrewer Case Updates, Costs, estate administration, executors, Informal wills, Intestacy, Law, Probate

Another video will

This week Jackson J admitted a video recording to probate, made by the deceased and comprising a file on his personal computer. In it, the deceased said "My girlfriend would like me to do a will before I pick up my motorcycle. As I am too lazy, I’ll just say it... I’ll fill out the … Continue reading Another video will

caitebrewer Construction of wills, Costs, Enduring Power of Attorney, estate administration, executors, Family Provision, Informal wills, Intestacy, Law, Mutual wills, Probate, Rectification of wills, removal of executors, Solemn Form Cases, Statutory wills, STEP, Superannuation, Trusts

Australia wide Doyle’s List

I am really excited to be named one of the five preeminent junior counsel for the whole of Australia in the 2018 Doyle's List for "Leading Wills & Estates Litigation Barristers – Australia".  Also, the only Queenslander, and the only female barrister on the preeminent list.  You can view the list here.

caitebrewer Case Updates, Construction of wills, estate administration, executors, Informal wills, Intestacy, Law, Probate

Mobile phone video recording admitted to probate

Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will.  Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate