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
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
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
I often have clients who urgently require a Will as they have received a terminal diagnosis, are about to take a trip or are elderly. The question of whether or not a solicitor has a duty to prepare a Will and arrange for it to be signed as quickly as possible when the client is
I often receive enquiries from people who are interested in contesting their step-parent’s Will. Usually I receive these calls from people whose natural parent has passed away, leaving their estate to their step-parent. If the step-parent then passes away and does not make provision in their Will for the client, the client often feels that
I read with interest a recent decision of the Supreme Court, in which a Will was authorised to be made for a minor. What is the test for circumstances in which a Court can authorise the making of a Will for a minor? Section 19 of the Succession Act 1981 (Qld) states that the Court
I often find that when a client wishes to leave their child or children out of their Will, it is because there has been a period of estrangement between the client and their child. Although you are free to distribute your estate however you choose, a period of estrangement between a Will maker and their
I am often approached by clients who would like to leave gifts to charities in their Will. I was interested to read a recent decision of the Supreme Court of South Australia concerning the validity of a gift made to a hospital. The decision confirms the necessity of ensuring the Willmaker’s wishes are clear, and
I was interested to read a recent decision of the Supreme Court of Queensland concerning a man, Mr N, who was found guilty of assisting his friend, Mr W, to commit suicide via drug overdose. Mr N was appointed Executor and sole beneficiary in Mr W’s last Will. The Public Trustee contended that Mr N
