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. 

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.

Solicitors beware – Cost capping in FPA

Rosengren DCJ last week heard an application for final orders after the settlement of an FPA.  The settlement provided that the applicant's costs of $66K and the respondent's costs of $70K be paid from the estate.  Her Honour granted final orders, but in relation to costs, thought they were excessive (the estate was only $213K, … Continue reading Solicitors beware – Cost capping in FPA

Important amendments to Qld Succession Act re de factos

On 5 June 2017, very important amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren. I am proud of these amendments, being part of the Succession Law Committee of the QLS that lobbied for this uniformity. The … Continue reading Important amendments to Qld Succession Act re de factos

A win for the charities!

In a FPA judgment handed down 3 weeks ago a District Court Judge awarded significant sums to two applicants, but proposed to take the costs of the entire action out of the share of only one of the beneficiaries (who was a charity, and unrepresented at trial).  I acted for the charity in making submissions against that.  … Continue reading A win for the charities!