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

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

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

Recent Qld solemn form case

Birt v The Public Trustee of Queensland [2013] QSC 13 is a very interesting read.  The Court pronounced against the validity of the will. What is fascinating though (OK, maybe only to succession lawyers!) is that A Lyons J found against the first limb of the Bank v Goodfellow test - she was not convinced that the testator was able … Continue reading Recent Qld solemn form case