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
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
Last night the Qld Government passed legislation that is the first step to allowing wills and EPAs to be witnessed via video conference. But a warning, we're not quite there yet... The COVID-19 Emergency Response Bill 2020 (see reg 9) allows the Government to make regulations where an Act permits or requires the signing or … Continue reading Qld passes legislation to allow for video 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
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
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.
The Enduring Powers of Attorney Intensive hosted by STEP Qld held on April 3 provided some valuable insights into the use of EPAs and the potential for their misuse. Ten takeaways from this seminar, for members who were not able to attend: Solicitors drafting EPAs should be aware that there may be a risk of disciplinary … Continue reading What you missed at the Enduring Powers of Attorney Intensive