Important amendments to Qld Succession Act re de factos

On 5 June 2017, very important amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren. I am proud of these amendments, being part of the Succession Law Committee of the QLS that lobbied for this uniformity. The … Continue reading Important amendments to Qld Succession Act re de factos

Sibling wars

Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother's estate.  The brother and sister were very much estranged. There were some delays in the administration of the estate, some of which were caused by the applicant … Continue reading Sibling wars

Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time

Michele Davis Recently, the NSW Supreme Court determined a slightly unusual coupling of issues; a construction matter as to a right to reside conditional upon payment of expenses alongside a family provision claim over 15 years out of time. The recent case of Estate of George Roby, deceased [2017] NSWSC 265 involved the estate of the … Continue reading Escaping the Nest: Abandoning a right to reside and FPA 15 years out of time

Capacity found despite dementia

In Roche v Roche it was found that the deceased had capacity to execute a will in 2006, despite having frontotemporal dementia. It was found that whilst the dementia affected his executive planning capacity, power to concentrate and left him uninhibited,the test for testamentary capacity is more concerned with whether he comprehended the extent of … Continue reading Capacity found despite dementia

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

Forfeiture – Macedonian killing case 

Below is a link to a report on a case I appeared for the applicant for the appointment of an independent administrator.  If the accused daughter is convicted of murder or manslaughter she will forfeit any benefit under her mother's will, and will also be precluded from acting as her executor.  The court ordered the … Continue reading Forfeiture – Macedonian killing case 

Will Instruction Sheet fails as informal will

A solicitor's will instruction sheet was not admitted to probate as an informal will, in circumstances where the instruction sheets were incomplete in terms of what the deceased wanted included in his will and the deceased’s instructions were derived from different sources.  McMillan J was not satisfied that the document, standing alone, and without any alteration or reservation, … Continue reading Will Instruction Sheet fails as informal will

Out of time FPA dismissed

This morning Byrne J (Qld Supreme Court) dismissed an out of time FPA.  The applicant would have received half of the estate under the will (E$750,000 as at DOD) and she filed her application months out of time, after making a conscious decision, after legal advice, not to commence the FPA within time. Read Budulica v … Continue reading Out of time FPA dismissed