This is a case I was involved in last month. Judgment was given yesterday. Finnegan v Garner  QSC 100 The deceased died leaving a wife and eight children (including two step-children). He and his wife separated in 2000, but did not divorce. The estate was worth just under $1m. It was believed that the … Continue reading Barring claims under s68 Trusts Act
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.
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
Interesting judgment by the Qld Court of Appeal on whether a financial administrator for an adult without capacity can invoke a beneficiary's right to call an end to a trust under the principles in Saunders v Vautier. 2-1 decision on primary questions. Read Re Tracey  QCA 194 here.
Allanson J of the WA Supreme Court held, on the facts before him, that it was not. Read Blenkinsop v Blenkinsop Nominees [No 2] here.
The decision of Haggarty v Wood (No. 2)  QSC 244 was handed down yesterday by Jackson J in an alleged testamentary contract case. I appeared for the defendant. Almost 2 years ago the plaintiffs had their statement of claim struck out, with leave to re-plead. See Haggarty v Wood judgment here. Since then the … Continue reading When is a contract to make a will a contract?
In a judgment delivered yesterday, Jackson J of the Supreme Court of Queensland had to decide whether various gifts to Oxfam Australia "for the purposes of [various educational activities in developing countries]" were absolute gifts, conditional gifts, or charitable trusts for the specified purpose. The problem arose because Oxfam could no longer fulfil the specified purposes, … Continue reading Lack of trust
This morning Martin J dismissed an application for probate of an informal codicil under s18 of the Succession Act 1981 (Qld). The deceased left a duly executed will, prepared by a solicitor. There was a later handwritten document, which was signed by her and dated, but not witnessed. It was stored with the will at a solicitor's office. … Continue reading Ineffective codicil
In a judgment delivered today Mullins J: considered whether a scholarship had been disclaimed by a beneficiary in circumstances where the beneficiary objected to some of the conditions of the gift - she held it had been considered whether the disclaimer could be retracted - whilst some circumstances in which a disclaimer could be retracted were discussed, … Continue reading Disclaimer of gift