Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

It appears to be raining estate and trust law cases from the High Court of Australia over the last two weeks. Yesterday, the High Court of Australia ordered a new trial be held in relation to solemn form probate proceedings in Nobarani v Mariconte [2018] HCA 36 on the basis that the appellant as denied … Continue reading Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

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The Unsent Text Message Will: Is it really that simple? No – it’s really not!

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!

Informal Revocation: Can a File Note be enough to revoke a Will? (TAS)

This morning, I read a very interesting case that makes me think of the tasks I do on a daily basis; taking notes of my client's instructions. The case of Public Trustee v Bott [2017] TASSC 43 involved a question of whether a File Note could be an informal document containing the deceased’s testamentary intentions … Continue reading Informal Revocation: Can a File Note be enough to revoke a Will? (TAS)

Executor’s duty and what to do with that additional informal document

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 [2016] VSC 480 … Continue reading Executor’s duty and what to do with that additional informal document