This is a case I was involved in last month. Judgment was given yesterday. Finnegan v Garner [2019] 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
Rectification where instructions given through an intermediary
Judgment was given this morning by Henry J in a rectification case where the deceased had given instructions for a will through his daughter. His Honour found "it is trite that instructions can be conveyed by an agent" and rectified the will to accord with those instructions. Read Fitzgerald v Rowley [2019] QSC 21 here.
What is a “Purported will”?
S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?
Another video will
This week Jackson J admitted a video recording to probate, made by the deceased and comprising a file on his personal computer. In it, the deceased said "My girlfriend would like me to do a will before I pick up my motorcycle. As I am too lazy, I’ll just say it... I’ll fill out the … Continue reading Another video will
Court confirms attorney can make BDBN
Last Friday, Bowskill J of the Queensland Supreme Court held that a binding death benefit nomination (BDBN) made by attorneys was valid, in circumstances where the BDBN was confirming a nomination previously made by the principal. The judgment is very well reasoned and a relatively easy read. CAUTION - this case should not be treated … Continue reading Court confirms attorney can make BDBN
Radio Interview
Last week I did an ABC radio interview about video wills, discussing the recent mobile phone video will case I appeared in. Listen here.
Mobile phone video recording admitted to probate
Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will. Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate
Solicitors beware – Cost capping in FPA
Rosengren DCJ last week heard an application for final orders after the settlement of an FPA. The settlement provided that the applicant's costs of $66K and the respondent's costs of $70K be paid from the estate. Her Honour granted final orders, but in relation to costs, thought they were excessive (the estate was only $213K, … Continue reading Solicitors beware – Cost capping in FPA
Reasons published in statutory will case
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.
