Family Provision and Application for Summary Dismissal

It’s just convenient that this was a topic discussed at the Queensland Law Society’s 11th Annual Succession Law Conference this weekend by Mr Lee Nevison, Barrister, in a very informative discussion on interlocutory applications.

I subsequently found a recent case considering an Application for Summary Dismissal.

The facts are:

  • Deceased left estate in Queensland – divided between six children, with the applicant child’s inheritance held on trust and upon her death her share to be distributed amongst other children.
  • Estate worth approx $335k (with $400k already distributed)
  • Child sought further and better provision from the estate.
  • Side allegation that the applicant had made some property transactions moving assets out of her name and was attempting to better her position as a claimant and future centrelink pensioner.

Issues:

  • Non-compliance with the FP claims practice direction
  • Does the claimant have any chance of success in her claim?
  • Is she trying to mislead the court as to her position?

You can find the case here.

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