Court of appeal overturns FPA dismissal

In a judgment handed down this morning, the Qld Court of Appeal overturned a decision of Martin J from last year, where he dismissed an application to extend the time for bringing an FPA. Gotterson JA said (at [63]): In my view, the appellant has advanced an arguable claim for further provision out of the deceased’s estate. … Continue reading Court of appeal overturns FPA dismissal

Widow unsuccessful in out of time FPA

A 27 year old widow brought a claim, out of time, in the estate of her 70 yo deceased husband.  The estate was worth approximately $1m.  The applicant was left $10,000 plus two motor vehicles.  In addition, she received $150,000 from his superannuation.  The balance of the estate was left to his two children and … Continue reading Widow unsuccessful in out of time FPA

Out of time FPA dismissed

This morning Byrne J (Qld Supreme Court) dismissed an out of time FPA.  The applicant would have received half of the estate under the will (E$750,000 as at DOD) and she filed her application months out of time, after making a conscious decision, after legal advice, not to commence the FPA within time. Read Budulica v … Continue reading Out of time FPA dismissed

No joy for executor

An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend FPA. Negotiations had been continuing when the time expired. The application for summary dismissal was dismissed.  Executor was joined personally to the action … Continue reading No joy for executor