caitebrewer Case Updates, Costs, Enduring Power of Attorney, estate administration, executors, Law, Trusts

Severence of Joint Tenancy – summary judgment in a fraud case

Yesterday I got judgment from the Chief Justice summarily dismissing an action that was attempting to attack a unilateral severence of a joint tenancy on the grounds of fraud. The Applicant (mother) and her daughter owned a property as joint tenants. Just before her death, the daughter engaged a solicitor to sever the join tenancy. … Continue reading Severence of Joint Tenancy – summary judgment in a fraud case

caitebrewer Law

Gift and Loan Back Arrangements

I have long been a skeptic about the enforceability of gift and loan back arrangements that do not involve the actual transfer of physical cash or money at the gifting stage. Promissory notes seem to be the latest trend in these “gifting” schemes. This decision that was handed down 2 days ago didn’t deal with … Continue reading Gift and Loan Back Arrangements

caitebrewer Enduring Power of Attorney, estate administration, executors, Informal wills, Intestacy, Law, Legislation Updates, Probate

Electronic execution and witnessing of Wills and EPAs

An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs

caitebrewer Case Updates, Costs, Enduring Power of Attorney, estate administration, executors, Law, Superannuation

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

caitebrewer administrators, Case Updates, estate administration, executors, Family Provision, Law, Probate, removal of executors

Removal of executors at loggerheads

In a judgment delivered this morning, Davis J removed two executors who were at loggerheads, without any finding of fault or unfitness to occupy office.  His Honour found that the due and proper administration of the estate was best served by their removal and the appointment of an independent administrator. Read Re McLennan here.