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

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

Australia wide Doyle’s List

I am really excited to be named one of the five preeminent junior counsel for the whole of Australia in the 2018 Doyle's List for "Leading Wills & Estates Litigation Barristers – Australia".  Also, the only Queenslander, and the only female barrister on the preeminent list.  You can view the list here.