Groundbreaking statutory will case – Statutory Wills and Family Law intersect

Flanagan J today handed down judgment in a hotly anticipated statutory will case. The proposed testator's son separated from his wife after the testator lost capacity. The applicant was the testator's husband. The application was on the basis that, if she were to have capacity, she would change her will so that assets would be … Continue reading Groundbreaking statutory will case – Statutory Wills and Family Law intersect

Judge ups award to carer in statutory will case

Today I appeared on a statutory will application. It was an "absent parent" case, although this time both parents were absent and the Aunt had been the testator's sole carer since 2008. She proposed that the residue be divided between her and the testator's 3 siblings equally (which would give her 25%). Applegarth J was … Continue reading Judge ups award to carer in statutory will case