Today is the first day of my last week in legal practice

Today is the first day of my last week in legal practice. And, I’ve got to say, so far, it’s a roller coaster of emotions! Soon, I will be swapping my practice poncho for a research robe after being offered a scholarship to do my Doctorate with the Queensland University of Technology’s Australian Centre for…

Facebook Friends

For those that prefer the company of the Facebook platform, I have, today, created a page for all my succession nerd ramblings. I’ve recently found that the Facebook platform to have developed in to quite a good platform to follow people and even, where appropriate, interact and engage with people via their page. I also…

Pandemic or Prejudice: FPA hearing vacated amid COVID-19 (ACT)

I sincerely hope this reaches my readers, followers, and passers-by in a situation where they are safe and well during this tumultuous time in the world! For those in litigation, your practice is changing daily as we wait (and wait) for certainty (if it is ever arrives!); and those hearings aren’t going anywhere.. or are…

Conduct that disentitles: son’s application for FPA fails (QLD)

When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…

Thank you for making me a Finalist

Last Friday afternoon, I received a very surprising and humbling email that informed me that I was a Finalist in the Queensland Law Society Awards for Proctor – Best Feature Article Award for 2020 for my piece called “New Principles for Decision Makers: Bill addresses conflict transactions and more” which appeared in May 2019. The…

Danger Zone: costs against plaintiff in FPA in small estate (NSW)

Family provision claims in small estates is an inherit danger zone for claimants and lawyers. The recent case of Wengdal v Rawnsley [2019] NSWSC 926 has demonstrated this again where Justice Hallen has ordered that the plaintiff’s claim be dismissed and the plaintiff pay the defendant’s costs on the ordinary basis. In this case, the deceased…

New legislative changes for Attorneys and Administrators

While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may.  Incapacity can be long term or short term and can impact everyone quite differently. The question of someone’s capacity to understand the nature and the effect of something is fraught with difficulty mainly…

Optional Extra: Court held exercise of Option to Purchase not done properly

Will making is sometimes pretty complex work. The plan will always be unique to a person’s wishes and the personal circumstances.  Every so often, I receive instructions from clients to include an ‘option’ for one of their family or friends to purchase their property. Usually, this is because they’re trying to balance at least two…