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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What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

Last week, the Supreme Court of New South Wales published a judgement in a estate matter where the question of whether a Will was "made in contemplation of marriage" was a central focus of their attention. In the case of Re Estate Grant, deceased [2018] NSWSC 1031, the deceased made a Will dated on about … Continue reading What is “Contemplation of marriage”: Marriage revokes Will in blended family (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!

Computer Will upheld

In the Estate of Robin Michael (Deceased) [2016] SASC 164, the Supreme Court of South Australia held that a computer document was to be admitted to probate as the last will and testatment of the deceased. The Court itemised the following main issues to be determined were: Was the will on the deceased’s hard drive of … Continue reading Computer Will upheld

“An amount equivalent to” a Retirement Village Exit Entitlement in a Will

With an ageing population and more testators residing in retirement villages with either freehold or leasehold interests at play, I found this case particularly interesting. The case of Suthers v Suthers [2015] QSC 285 involved a gift to the daughter of the testator of an amount of money equivalent to an amount received by the estate from the sale of the testator's … Continue reading “An amount equivalent to” a Retirement Village Exit Entitlement in a Will

Court Made Will to protect assets from passing to children until 25 years

Court-made will to protect assets from passing to children until 25 years. Being a fairly new and novel area of the succession practice space, I'm always curious and therefore read the cases that hit my news feed on court-made wills and the reason behind them. The legislation sets out a clear formula for determining whether … Continue reading Court Made Will to protect assets from passing to children until 25 years

Will for a minor child

Although the law is there to be used for this purpose, it's not a very common occurrence that a Will be made for a minor child.  However, this case came up on recently and I found it a great read. In summary:  A 16 year old girl wants to make a Will Her father is … Continue reading Will for a minor child