Ineffective codicil

This morning Martin J dismissed an application for probate of an informal codicil under s18 of the Succession Act 1981 (Qld). The deceased left a duly executed will, prepared by a solicitor.  There was a later handwritten document, which was signed by her and dated, but not witnessed.  It was stored with the will at a solicitor's office. … Continue reading Ineffective codicil

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

Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate

Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband's will under the informal will provisions of the NSW Act (their equivalent of Qld’s s18). Held – That effect may be given to testamentary … Continue reading Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate