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

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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

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)

Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

For a while now, it's been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal's superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of … Continue reading Renewable Power: Court permits Attorney to renew superannuation nomination (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)

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!