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
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
Attorney permitted to exercise powers of consent in trust deed
In a decision today, Byrne J of the Qld Supreme Court found that the power given to a "parent" under a trust deed to consent to a trustee's amendment of the trust, could be exercised by the parent's attorney if the parent is incapacitated. No reasons for decision were given, but orders were made permitting … Continue reading Attorney permitted to exercise powers of consent in trust deed
Bill and Ted’s excellent adventure…
Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…
QSuper now accepts BDBNs
Notice to Practitioners - QSuper now accepts binding death benefit nominations. The deed refers to the provisions of the SIS Act, so the usual SIS Act limitations (such as the 3 year lapse rule) will apply. It is a step forward though. See the provisions of the deed here.
Disastrous results from SMSF
This article highlights how estate planning can go terribly wrong when self managed super funds are involved. It will be interesting to see if there is a negligence claim against the solicitors who drew the 2005 will. Read the article here.
Lovely day for it
I am heading down to Kingscliff today for the STEP Qld Branch annual Trusts and Estates conference. With temperatures of 23-25 degrees over the next 3 days, what a great time of year for it! Kingscliff Program 2013
QLRC review of the Trusts Act
The Qld Law Reform Commission released its Interim Rreport on "A Review of the Trusts Act 1973 (Qld)". Both the Bar Association of Qld and the Qld Law Society are preparing responses. You can access the report here.
Was a trust was created?
In a recent judgment P. McMurdo J considered whether or not a property was held in trust, in circumstances where the trustee was not registered being a trustee of the lot and no reference was made to the alleged trust in the contract of sale. Read the case here.
Trusts Intensive – July
STEP Queensland are proud to annouce the program for their 2nd annual half day Trusts Intensive. Highlights of the day will include: Opening - Professor Tony Lee Discussion regarding the recent request for the Queensland Law Reform Commission to review the Trusts Act 1973 Tedious and Titillating Trusts Robert Whiteford, Barrister Tedious: when there is … Continue reading Trusts Intensive – July
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