Judgment of Jackson J handed down this morning in a solemn form case. Shaw v Tane [2022] QSC 301.
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.
Doyle’s List 2017
Very proud to make Doyle’s List for the third year running, being named one of Queensland’s “Preeminent” Wills & Estate Litigation junior barristers in the 2017 rankings. The list can be viewed here.
Solemn or common form grant?
In this recent judgment Peter Lyons J discusses the differences between a common form and a solemn form grant of probate. Read Re Toulitch here.
Delusions, death and solemn form
Interesting case handed down yesterday by Lindsay J in the NSW Supreme Court discussing delusions and their effect on testamentary capacity. There is a good discussion about the law on delusions, as well as the difference between solemn form and common form grants. Read Re Sue [2016] NSWSC 721 here.
WA appeal decision in solemn form case
It's not that often that solemn form cases get to appellate level, so to get a judgment from the WA Court of Appeal in a capacity case is pretty exciting. There were five grounds of all appeal against the trial judge's decision to grant probate in solemn form. All were unsuccessful and the appeal dismissed. … Continue reading WA appeal decision in solemn form case
New costs rule
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
The Intersection of Informal Wills and Testamentary Capacity
Judgment delivered today by Dalton J in Re Spencer discusses the timing of testamentary intention in relation to informal wills. Read Re Spencer here. (all parties' costs were ordered to be paid from the estate on the indemnity basis.)
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
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