New Protocol for Applications List

The Supreme Court of Queensland has issued a new Protocol for the Applications List, effective Monday 10 August. It replaces the existing Protocol, which has been in effect since 25 May 2020 (the link on the website to this old Protocol no longer works). In essence, the new Protocol is consistent with the practice that … Continue reading New Protocol for Applications List

eFiling trial starts today!!!

The Supreme Court of Queensland is today starting the live pilot trial of its new eFiling system, Objective Connect, for probate files. Certain firms, who participated in a dummy trial, will be using the eFiling system from today for their probate applications. The intention is to roll this out to all probate files, then eventually … Continue reading eFiling trial starts today!!!

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

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

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

Capacity case

Just before Christmas last year Applegarth J handed down a judgment in a solemn form trial I was in in November. I acted for the Respondent, Kathy, who was a long term friend of the deceased and benefited from his last two wills. The Applicants, the Rowes, were also long term friends of the deceased, … Continue reading Capacity case