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.
A win for the charities!
In a FPA judgment handed down 3 weeks ago a District Court Judge awarded significant sums to two applicants, but proposed to take the costs of the entire action out of the share of only one of the beneficiaries (who was a charity, and unrepresented at trial). I acted for the charity in making submissions against that. … Continue reading A win for the charities!
Unsuccessful statutory will case
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
Both parties’ costs capped in FPA
In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties' costs after a successful FPA by an applicant spouse. The applicant's costs were estimated at $140,000 and were capped at $100,000. The respondents' costs were estimated at $162,417.28 and were capped at $130,000. The Judge was critical that the actual amount … Continue reading Both parties’ costs capped in FPA
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