caitebrewer Case Updates, Probate

Reasons published in iPhone will case

Peter Lyons J has now published reasons in "the iPhone will case".  Read Re Yu here.

caitebrewer Case Updates, Probate, Solemn Form Cases

New capacity case – Sargent v Brangwin

Dalton J handed down a decision in a solemn form case this morning where the deceased's testamentary capacity was in question.  The last will was upheld, despite her Honour finding that the matters raised by the medical evidence was "not trivial or frivolous" and parts of the evidence gave rise to doubt and possibilities and was … Continue reading New capacity case – Sargent v Brangwin

caitebrewer Case Updates, Probate

Victorian Informal Will Case

In a judgment handed down last Friday, McMillan J refused probate of an informal document pursuant to s9 of the Wills Act 1997 (Vic) (the equivalent to s18 of the Succession Act 1981 (Qld)). The alleged "will" was in the form of a statutory declaration, witnessed by only one person (who could not be identified). The case … Continue reading Victorian Informal Will Case

caitebrewer Case Updates, Probate

Qld position on lost wills clarified

In a judgment handed down today, the Chief Justice has clarified the position in Qld relating to probate of a copy of a lost will. His Honour discusses the position in NSW and South Australia, and the difference between admitting a copy of a lost will to probate under common law principles and applications under … Continue reading Qld position on lost wills clarified

caitebrewer Probate

Where there’s a will… Family feuds lead to 700% increase in High Court disputes in five years

This is a great article, really shows the importance of proper estate planning.  People who do their own wills (or worse still, don't have a will at all), for the sake of saving a few hundred, or a few thousand dollars, take note.  Of course for me, I am in the right specialty, as I only deal … Continue reading Where there’s a will… Family feuds lead to 700% increase in High Court disputes in five years

caitebrewer Case Updates, Probate, Solemn Form Cases

Probate caveat set aside with costs

In Garrihy v Garrihy [2013] QSC 74 Dalton J set aside a caveat on the basis that the respondent had not raised a doubt as to whether a grant of probate should be made.  Interestingly, her Honour also ordered the respondent pay the estate's costs - once again dispelling the myth that costs always come … Continue reading Probate caveat set aside with costs

caitebrewer Case Updates, Probate

Supreme Court decision on Probate of Lexon Will Instruction Sheet

Philippides J today heard a case where a Lexon Will Instruction Sheet, duly signed and witnessed in accordance with s10 of the Succession Act (and as anticipated by the Lexon forms), had been requisitioned by the Probate Registrar and referred to a Judge.  These types of common form applications are within the jurisdiction of the Registrar, … Continue reading Supreme Court decision on Probate of Lexon Will Instruction Sheet