To trust or not to trust, that is the question

Applegarth J today handed down a decision in a family provision application trial that took place earlier this month.  I appeared for the applicant. The issue at trial was not whether adequate provision ought to be made, that much was conceded (although quantum was in issue), but whether any award for the applicant ought to … Continue reading To trust or not to trust, that is the question

High Court appeal 

An application for special leave was filed last week against the decision of the Tasmanian Full Court in Calvert v Badenach [2015] TASFC 8. This is the case where the Full Court held that a solicitor owes a duty to beneficiaries of a will to advise the willmaker of the existence of family provision rights … Continue reading High Court appeal 

Solicitor’s duty to beneficiaries expanded

Last week the Tasmanian Full Court handed down a decision which clarifies a solicitor's duty to intended beneficiaries when taking instructions for a will. It was held the solicitor's duty to give proper effect to the testator's intentions extends to enquiries and advice about the possibility and ramifications of FPA claims, and further includes provision … Continue reading Solicitor’s duty to beneficiaries expanded

Both parties’ costs capped in FPA

In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties' costs after a successful FPA by an applicant spouse.  The applicant's costs were estimated at $140,000 and were capped at $100,000.  The respondents' costs were estimated at $162,417.28 and were capped at $130,000. The Judge was critical that the actual amount … Continue reading Both parties’ costs capped in FPA

Spouse awarded $350,000 on FPA

In a recent judgment Smith DCJ awarded a spouse of 18 years $350K out of an estate of approximately $670K (after allowing for costs).  She had been left a life interest in a house (to be chosen by her). The competing claims were two adult children from a previous marriage. Costs argument has been heard … Continue reading Spouse awarded $350,000 on FPA