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!!!
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
Doyle’s List – National Listings
Honoured to be named one of 4 Australian preeminent junior counsel for wills and estate litigation, and once again the only Queenslander. See the 2019 National Doyle's List here.
Doyle’s List 2019 – Market Leader for Qld Estate Litigation
Very excited to be named Queensland's "Market Leader" in the 2019 Doyle's List for Estate Litigation barristers. See the List here.
Courier Mail article – Having the will to protect those who are worthy
Article from the Courier Mail today.
Barring claims under s68 Trusts Act
This is a case I was involved in last month. Judgment was given yesterday. Finnegan v Garner [2019] QSC 100 The deceased died leaving a wife and eight children (including two step-children). He and his wife separated in 2000, but did not divorce. The estate was worth just under $1m. It was believed that the … Continue reading Barring claims under s68 Trusts Act
Rectification where instructions given through an intermediary
Judgment was given this morning by Henry J in a rectification case where the deceased had given instructions for a will through his daughter. His Honour found "it is trite that instructions can be conveyed by an agent" and rectified the will to accord with those instructions. Read Fitzgerald v Rowley [2019] QSC 21 here.
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”?
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
