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
Leave to swear death for helicopter crash
The applicant's husband was the pilot of a helicopter that crashed into waters off Cape Tribulation. The evidence suggested that he died in the accident but his body had not been found. Leave was granted to swear death. There was a discussion of whether such leave can be granted even though no probate application had yet been … Continue reading Leave to swear death for helicopter crash
No joy for executor
An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend FPA. Negotiations had been continuing when the time expired. The application for summary dismissal was dismissed. Executor was joined personally to the action … Continue reading No joy for executor
Radio National interview
Last week I was a guest on Radio National's Law Matters program on Financial Abuse and dementia. It was a discussion about wills, EPAs and capacity, and the growing problem of elder abuse with our ageing population. You can listen to the program here.
New Statutory Will Case
On 17 December 2014 Philippides J gave judgment in a court made will case, authorising a will to be made for an disabled 12 y.o. girl in favour of her mother who was her carer. She also made a de-identification order. Read RKC v JNS here.
Prepaid $50 funeral
Article published today in Brisbane Times about a Magistrates Court case where Alex Gow Funerals were ordered to honour a prepaid funeral agreement where instalments totalling $50 had been made between 1948 and 1980. Read the article here.
Bill and Ted’s excellent adventure…
Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…
Forfeiture rule applied to assisted suicide case
The Chief Justice this morning handed down a decision which applied the forfeiture rule to a conviction for assisted suicide. It is the first Australian case which considered the application of the rule, which disqualifies killers from benefiting from their crime, to a conviction for assisted suicide. Read The Public of Queensland v The Public … Continue reading Forfeiture rule applied to assisted suicide case
In defence of the legal profession
See the transcript of Applegarth J's comments in defence of the legal profession in a criminal trial. Read the transcript here.
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