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?
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.
August has been a busy month. Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be ignored Critical lessons for SMSF succession planning Pilot’s partner wins court approval to organise his funeral
Mullins J recently dismissed an application to remove an executor in circumstances where the two beneficiaries were brother and sister, the brother being the executor of their mother's estate. The brother and sister were very much estranged. There were some delays in the administration of the estate, some of which were caused by the applicant … Continue reading Sibling wars