Judgment handed down this morning in a case where I appeared for the Applicant. Jackson J removed the 2 remaining executors and appointed an independent administrator. Read Re Franks [2021] QSC 134 here.
Audio-visual witnessing of wills – Re Sheehan
Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan
New Supreme Court Applications Protocol
This amended Protocol applies for the Supreme Court Applications List from 12 January 2021 until further notice. See protocol here.
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!!!
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