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
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
Warring siblings removed as executors
Judgment handed down this morning in a case where I appeared for the Applicant. Jackson J removed the 2 remaining executors and appointed an independent administrator. Read Re Franks [2021] QSC 134 here.
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
NDIS and FPAs
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
Courier Mail article – Having the will to protect those who are worthy
Article from the Courier Mail today.
Barring claims under s68 Trusts Act
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”?
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