See the recent Courier Mail article on the LWA statutory will case here.
Applegarth J has published his reasons in a statutory will case that was heard over three days in August. A summary of the decision was published by Rebecca Treston QC recently, see the summary here. The costs decision will be an interesting one. Read Re APB here.
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.
August has been a busy month. Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be ignored Critical lessons for SMSF succession planning Pilot’s partner wins court approval to organise his funeral
A useful, practical approach to a real problem - see this brief article written by Rebecca Treston QC http://hemmantslist.com.au/re-will-athena-gloria-white-parry-v-smith-ors/
This was a joint approach by two interested parties for the court to make a will on (their own) agreed terms. Young J was not satisfied that the proposed will was one that the person would make if she had capacity. The applicant was the attorney of the proposed testator. She was ordered to bear … Continue reading Unsuccessful statutory will case
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
Reasons were delivered today in GUA v GAV. Read the decision here. NB - this is the appeal from the first instance decision of ADT v LRT QSC 169 (there has been some confusion about this because of the change of initials).
The unsuccessful applicant in the recent case of ADT v LRT has appealed the decision. It will be the first time the Qld Court of Appeal has considered statutory wills (quite exciting for us succession lawyer nerds). Readers will recall the facts were as follows. The proposed testator’s son separated from his wife after the … Continue reading Qld Court of Appeal to rule on statutory wills
See my last blog about statutory will case. The decision can be accessed here.