It’s likely been in your news feed recently that an unsent text message was held by a Queensland Court to be a valid Will. It may seem quite unbelievable to some that this would even happen! On the other hand, maybe it doesn’t? Reviewing the comments that appear in many of the media articles online … Continue reading The Unsent Text Message Will: Is it really that simple? No – it’s really not!
Not all that long ago, I wrote an article on a case involving a gentleman who had passed away in China. He was Australian Citizen who was resident in China for many years and he had left a note for his mum regarding his wishes to distribute some of his property which gave rise to … Continue reading Leaving a “note” for mum successfully appealed; “Note” = Will
Update! This case was successfully appealed in June 2017. Read my article on the appeal here. Documenting your wishes is simple in theory, but quite a different story in real world. The Supreme Court of Victoria had quite the job recently in deciphering whether a note a man left behind was considered to be his "Will" and … Continue reading Australian Citizen resident in China leaves a “note” for mum
“There is no one alive who is you-er than you!” – Dr Seuss In an odd case, Chief Justice Catherine Holmes was called upon to determine an application of probate in solemn form with a side order of an imposter claim. In the case Martin Terrence Farrell v Warren Elbridge Boston  QSC 278, the Applicant, Martin … Continue reading “There is no one alive who is you-er than you!” – Imposter Testator and the Supreme Court
In their last days, people can often have cause to consider additional wishes they want to record somewhere as they consider what means most to them. Unfortunately, sometimes recording these wishes can become problematic for the executors and family left behind. Here's a good example: I recently read the case of Re Mangan  VSC 480 … Continue reading Executor’s duty and what to do with that additional informal document