For a while now, it’s been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal’s superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of…
Tag: wills and estates
Wife support: FPA by widow dismissed with costs (NSW)
It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it’s merits, this is not always the case. Yesterday, the Supreme Court of New South Wales…
FPA 7 years out of time: Allowed on Appeal (WA)
In an unusual case published a few weeks ago, the Western Australian Court of Appeal allowed an extension of time for an adult son to bring a claim against his late father’s estate 7 years after the time limit expired. The claim was dismissed at first instance and the adult son appealed asserting 9 different…
The Unsent Text Message Will: Is it really that simple? No – it’s really not! (QLD)
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…
Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)
In case it’s not already evident to my readers, I have a particular interest in family provision cases that touch on disentitling conduct or estrangement. So, it’s no surprise this recent case in the Supreme Court of NSW caught my eye yesterday where a family provision application by an adult child, who was excluded from…
Leaving a “note” for mum successfully appealed; “Note” = Will
Not all that long ago, I wrote an article on a case involving a gentleman who had passed away in China. He was Australian Citizen who was resident in China for many years and he had left a note for his mum regarding his wishes to distribute some of his property which gave rise to…
Burden of secrets: Claim for secret trust within an FPA by grandchild (NSW)
Within a family dynamic, particularly as the elderly age and consider their demise, it’s common to hear of conversations being held between family members of “understandings” and benefits that may flow the next generation on the death of the elder. Promises made and, sometimes, others rely on those alleged promises. So what happens where there’s a secret of a…
Worldy Wisdom: Why a pro forma will still ends up in Court
I’m always curious as to any judgement dealing with will kits or proforma wills. I have every suspicion we will see more of these as the years go on. Recently the Court had to determine what a testator meant in the matter of Rhodes v Rhodes (as Executor of the Estate of Cecil Ronald Rhodes) & Ors…
Blood thicker than water: novel intestacy case in NSW, Aboriginal half-sisters vs adoptive half-sisters
Starting the year off on a very novel case of an intestacy contest, Justice Lindsay of the Supreme Court of New South Wales was called to determine how distribution of an indigenous man’s estate should be distributed where his surviving family were Aboriginal half-sisters and adoptive half-sisters. The case of Re Estate Wilson, Deceased [2017] NSWSC…
“There is no one alive who is you-er than you!” – Imposter Testator and the Supreme Court
“There is no one alive who is you-er than you!” – Dr Seuss In an odd case, Chief Justice Catherine Holmes was called upon to determine an application of probate in solemn form with a side order of an imposter claim. In the case Martin Terrence Farrell v Warren Elbridge Boston [2016] QSC 278, the Applicant, Martin…
Contracting in Cali: Breach of contract to make Will
“Whatever starts in California unfortunately has an inclination to spread“: Jimmy Carter Gregory Coote was an Australian born entertainment mogul who sadly died earlier this year. Whilst he was born in Oz, he spent most of his later years living in California. In 2011, Mr Coote had been party to divorce proceedings from his second wife and subsequently entered into…
Crossing borders: Disputes and Domicile
I’ve always been fascinated by this particular question as to how to resolve a dispute where the issue of the deceased’s domicile is in question. There have been a few cases that discuss the issue of domicile, but the question as to what should happen when this issue is in dispute AND there’s a dispute as to a matter…
Extension of time application dismissed – 11 months out of time
Yesterday, the Supreme Court of Tasmania determined an application for extension of time in a family provision matter. The case of Nicholas v Tubb [2016] TASSC 53 was an application made by the 4 adult children of the deceased testatrix. The time to bring the application expired on 27 June 2015 and the originating application was filed on…