Yesterday I finished a trial of an FPA in the Supreme Court. The judgment is reserved and will be interesting because Ryan J is considering to what extent benefits that an applicant is to receive, or potentially receive, under the NDIS can be taken into account in determining whether adequate provision has been made and … Continue reading NDIS and FPAs
Article from the Courier Mail today.
This is a case I was involved in last month. Judgment was given yesterday. Finnegan v Garner  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
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  QSC 21 here.
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”?
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.
Last week I did an ABC radio interview about video wills, discussing the recent mobile phone video will case I appeared in. Listen here.
A recent Courier Mail article on a case of mine http://www.couriermail.com.au/news/queensland/crime-and-justice/family-members-row-over-250m-fortune-left-by-worongary-hermit-spiney-bob-anthes/news-story/f71227092248f8f22a4646c253c35365
What a fascinating case, wish I could have been in it! I love the forfeiture rule. In a recent WA judgment a question arose as to the operation of the forfeiture rule, which prevents a killer from benefiting from the unlawful killing. The question in Public Trustee (WA) -v- Mack was whether a son, who was … Continue reading Interesting Q on Operation of the Forfeiture Rule – is an indirect benefit prohibited?