Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed

There is certainly no question that superannuation is a complex beast.  Add to that the self-managed superannuation fund (SMSF) variety and it will keep you busy, with it's complex twists and turns, for days. I read a case recently that is no different.   A shout-out to a fellow nerd, Clifford Hughes, for bringing this case … Continue reading Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed

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Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Recently, the case of Saltmer v Rennick Lawyers Pty Ltd [2018] QSC 307 was heard in the Supreme Court of Queensland in Townsville where the Court was called upon to question of costs in a situation where a deceased person's family member requested a copy of a document held by a Solicitor that the family … Continue reading Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Wife support: FPA by widow dismissed with costs (NSW)

It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it's merits, this is not always the case. Yesterday, the Supreme Court of New South Wales … Continue reading Wife support: FPA by widow dismissed with costs (NSW)

FPA 7 years out of time: Allowed on Appeal (WA)

In an unusual case published a few weeks ago, the Western Australian Court of Appeal allowed an extension of time for an adult son to bring a claim against his late father's estate 7 years after the time limit expired. The claim was dismissed at first instance and the adult son appealed asserting 9 different … Continue reading FPA 7 years out of time: Allowed on Appeal (WA)

“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)

Earlier this year, I was surprised to read a judgement where a former spouse successfully claimed for further provision from her former husband's estate notwithstanding the pair had completed a property settlement 25 years prior. You can read my earlier post here. It may come as no surprise that the matter was appealed to the … Continue reading “Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)

Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

  Sadly, it's not often I read of a case where the applicant/plaintiff's endeavours lack self-interest. Given the nature of estate litigation, generally in a good portion of the cases, self-interest takes a front seat.  Of course, that doesn't mean to say that it is greed or something sinister that drives a person to take … Continue reading Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

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!