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…
Tag: wills & estates lawyer brisbane
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…
Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)
In case it’s not already evident to my readers, I have a particular interest in family provision cases that touch on disentitling conduct or estrangement. So, it’s no surprise this recent case in the Supreme Court of NSW caught my eye yesterday where a family provision application by an adult child, who was excluded from…
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…
Leaving a “note” for mum successfully appealed; “Note” = Will
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…
Important Amendments to Qld Succession Laws: a sign of the times
We live in a different age. We live in a world where blended families are a common fixture within our communities. I, personally, know many beautiful blended families and I’m sure many of my readers do also. In fact, I’m sure there are some of my readers that may know blended families that are closer…
