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Husband and wife sign wrong mirror wills
The UK Supreme Court has rectified a will where a husband and wife wrongly signed each other’s mirror wills. The Court held it could be rectified under the power to rectify a clerical error...
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New Newspapers for Probate advertising approved
Yesterday the Chief Justice issued a new Practice Direction approving additional newspapers for the publication of probate advertisements. View PD No. 2 of 2014 here.
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Carer Cleans Up
In a judgment handed down this morning Byrne J granted solemn form probate of a will that left an elderly lady’s house to her carer. It was held she had testamentary capacity despite having mild to...
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Offensive and scandalous conditions in wills
The Supreme Court has an inherent power to remove from a will, language that is considered to be “scandalous, offensive, defamatory or blasphemous”. In Re Welsh, the deceased’s Will stated he had made...
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Husband and wife sign wrong mirror wills – rectification or informal will...
Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband’s will under the...
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Interesting UK case
An interesting article from the UK’s The Telegraph outlines a solemn form fight involving the deceased’s two daughters and her lover, who is 23 years her junior. Read the article here
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Application to join solicitors to solemn form proceeding dismissed with costs
Last Friday the Qld Supreme Court dismissed an application to join de Groots (as well as the individual solicitor) as defendants to a solemn form proceeding. The proceedings involve a disputed will –...
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Security for costs ordered in de facto appeal
The deceased died intestate. The respondent alleged he was her de facto spouse. A finding was made by the trial judge that he was not. He appealed that decision. Security for costs of the appeal was...
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New costs rule
On 19 December 2014, a new 700A was inserted into the Uniform Civil Procedure Rules regarding in estate and trust matters. The new rule is set out below. Of course, these matters were always able to...
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Ineffective codicil
This morning Martin J dismissed an application for probate of an informal codicil under s18 of the Succession Act 1981 (Qld). The deceased left a duly executed will, prepared by a solicitor. There was...
View ArticleWill Instruction Sheet fails as informal will
A solicitor's will instruction sheet was not admitted to probate as an informal will, in circumstances where the instruction sheets were incomplete in terms of what the deceased wanted included in his...
View ArticleNote attached to will admitted to probate
Yesterday Peter Lyons J admitted to probate a signed but unwitnessed note, which was found stapled to the front of copy of a duly executed will. The note recorded monies which the deceased wanted...
View ArticleSolemn or common form grant?
In this recent judgment Peter Lyons J discusses the differences between a common form and a solemn form grant of probate. Read Re Toulitch here.
View ArticleImportant amendments to Qld Succession Act re de factos
On 5 June 2017, very important amendments to the Qld Succession Act came into effect that put de facto spouses and de facto stepchildren on the same footing as married spouses and stepchildren. I am...
View ArticleWhose will is it anyway? Court of Appeal considers rectification power
The Qld Ct of Appeal today handed down judgment in a rectification case. I appeared for the appellant. This is the first time an appellate court in Australia has considered the new, broader powers of...
View ArticleRecent media
August has been a busy month. Here are four articles published on cases I have been in. Elderly multimillionaire’s $70m estate at heart of complex will battle Court orders texta marks on mum’s will be...
View ArticleDoyle’s List 2017
Very proud to make Doyle’s List for the third year running, being named one of Queensland’s “Preeminent” Wills & Estate Litigation junior barristers in the 2017 rankings. The list can be viewed here.
View ArticleMobile phone video will
See Courier Mail article published today on a case I was in last week.
View ArticleMobile phone video recording admitted to probate
Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will. Reasons yet to be published (they were given ex temp, but his Honour has indicated he...
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