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  QSC 21 here.
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.
The Qld Ct of Appeal today handed down judgment in a rectification case. I appeared for the appellant. This is the first time an appellate court in Australia has considered the new, broader powers of rectification of wills (introduced in Qld in 2006). The testator and her partner told their solicitor they each wanted the … Continue reading Whose will is it anyway? Court of Appeal considers rectification power
Ann Lyons J today handed down judgment in a will construction case. I was for the third respondent. The will was drawn by a solicitor and contained two conflicting gift over provisions. The testator in one clause left the residue of her estate to those of her children and stepchildren who were living at the … Continue reading Stepkids or no stepkids – that was the question
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
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