On 19 December 2014, a new 700A was inserted into the Uniform Civil Procedure Rules regarding in estate and trust matters. The new rule is set out below. Of course, these matters were always able to be taken into account in the court's wide discretion on costs, so it will be interesting to see what practical effect … Continue reading New costs rule
Security for costs ordered in de facto appeal
The deceased died intestate. The respondent alleged he was her de facto spouse. A finding was made by the trial judge that he was not. He appealed that decision. Security for costs of the appeal was sought, and ordered in the sum of $10,000. Read Burton v Spencer here.
Application to join solicitors to solemn form proceeding dismissed with costs
Last Friday the Qld Supreme Court dismissed an application to join de Groots (as well as the individual solicitor) as defendants to a solemn form proceeding. The proceedings involve a disputed will - the testator's capacity is in issue. The plaintiffs are the disappointed beneficiaries under the penultimate will. The application was opposed on a … Continue reading Application to join solicitors to solemn form proceeding dismissed with costs
Interesting UK case
An interesting article from the UK's The Telegraph outlines a solemn form fight involving the deceased's two daughters and her lover, who is 23 years her junior. Read the article here
Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate
Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband's will under the informal will provisions of the NSW Act (their equivalent of Qld’s s18). Held – That effect may be given to testamentary … Continue reading Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate
Offensive and scandalous conditions in wills
The Supreme Court has an inherent power to remove from a will, language that is considered to be "scandalous, offensive, defamatory or blasphemous". In Re Welsh, the deceased’s Will stated he had made no provision for his wife as their marriage had broken down, they lived separately and that “she is a compulsive and addicted gambler.” The … Continue reading Offensive and scandalous conditions in wills
Carer Cleans Up
In a judgment handed down this morning Byrne J granted solemn form probate of a will that left an elderly lady's house to her carer. It was held she had testamentary capacity despite having mild to moderate dementia. Read Re Barlow here.
New Newspapers for Probate advertising approved
Yesterday the Chief Justice issued a new Practice Direction approving additional newspapers for the publication of probate advertisements. View PD No. 2 of 2014 here.
Husband and wife sign wrong mirror wills
The UK Supreme Court has rectified a will where a husband and wife wrongly signed each other's mirror wills. The Court held it could be rectified under the power to rectify a clerical error (Queensland has a similar power in s33 of the Succession Act).At first instance and on the first appeal it had been … Continue reading Husband and wife sign wrong mirror wills
Mutual wills and undue influence claim struck out
This judgment was handed down this morning by Jackson J in a mutual wills/contract to make a will case. The defendant successfully applied to strike out the plaintiff's Statement of Claim on two bases. First, that an alleged testamentary contract, or a contract to make mutual wills did not have any consideration moving from one … Continue reading Mutual wills and undue influence claim struck out
caitebrewer.com.au 