It’s just convenient that this was a topic discussed at the Queensland Law Society’s 11th Annual Succession Law Conference this weekend by Mr Lee Nevison, Barrister, in a very informative discussion on interlocutory applications.
I subsequently found a recent case considering an Application for Summary Dismissal.
The facts are:
- Deceased left estate in Queensland – divided between six children, with the applicant child’s inheritance held on trust and upon her death her share to be distributed amongst other children.
- Estate worth approx $335k (with $400k already distributed)
- Child sought further and better provision from the estate.
- Side allegation that the applicant had made some property transactions moving assets out of her name and was attempting to better her position as a claimant and future centrelink pensioner.
Issues:
- Non-compliance with the FP claims practice direction
- Does the claimant have any chance of success in her claim?
- Is she trying to mislead the court as to her position?
You can find the case here.