On 17 December 2014, Justice Philippides of the Supreme Court of Queensland, in RKC v JNS  QSC 313, authorised a statutory will on behalf of a minor pursuant to the court’s powers under the Succession Act 1981 (Qld) (Act). What is a statutory will? A statutory will is a will made or authorised by […]
In a recent case, in the New South Wales Court of Appreal, Ashton v Pratt  NSWCA 12, a dispute arose over whether the mistress, Ms Ashton, could make a claim against the estate of the deceased, Mr Pratt, for a trust account for her children which was alleged to have been agreed as payment […]
Recently, an enquirer contacted me to ask if they could access their mother’s Will, as they were acting as her attorney under an Enduring Power of Attorney. An Enduring Power of Attorney is a very important and complex document, and acting as an attorney should not be entered into lightly. When making an Enduring Power […]
When taking instructions for preparation of Wills, I often find that clients want to give their house/property as a gift to a certain beneficiary. While this can be a noble gesture, the ownership structure of the property can be crucial as to whether or not, or how, the gift will take effect. Property owned with […]
I am often asked by clients both during the preparation of their Will, and in the administration of a deceased estate, what the requirements are for beneficiaries to receive a distribution from an estate. Succession Act 1981 (QLD) The Succession Act has several provisions surrounding beneficiaries receiving distributions from an estate. These include: Survive by […]
I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are gathered together and the deceased’s Will is then read aloud. Although scenes such as these are played out in numerous American movies, there is no […]
Will an applicant be awarded costs if their claim for further provision from an estate is unsuccessful?
I often have clients asking me if their costs for bringing a family provision application will be paid from the estate if their claim is unsuccessful. I have previously written about legal costs when disputing a Will. I was interested to read a new decision of the Supreme Court of Western Australia which concerned an […]
I have previously written about the tension that can occur when there are disagreements over whether, and where, a deceased person should be buried. In a new case, a dispute arose not only over whether the deceased should be buried or cremated, but also over where his remains should be kept. Background The background of […]
Horwood v Ah Shay  QDC 199 – When will provision be made for a step-child from a small estate?
I have recently written about step-children and their eligibility to apply to the Court for provision from their step-parent’s estate. I have now read with interest a recent decision in which the Court made provision from a small estate for the Willmaker’s step-son. Background The background of the case is as follows: Mr AS died […]