- Axe murderer’s share of estate forfeited to intestacy; adopted-out son ineligible
Paul Stow’s mother Marcia Dolan was murdered with an axe by a stepchild while she was sleeping on the lounge at her home in Sydney’s south. That was in October 2002. Her…
03-10-2021
- Family provision settlement creates discord and further court proceedings
Executors can enter into many types of arrangements to satisfy a disgruntled family member who files a family provision application. Not all are straightforward and some simply prolong the dispute. Consider the…
09-09-2021
- Court awards adult child further provision from father’s $2.8m estate
The 64-yr-old son of a former Brisbane sales-manager has succeeded in a Supreme Court action against his younger sister to gain a greater share of their father’s $2.8m estate. William North died…
08-09-2021
- Rectification of will to fix solicitor’s error gives effect to will’s intention
Geoff Metamanos and his fiancee Julie Wilstonton lost their lives along with three others in a tragic helicopter crash off Anna Bay on the NSW North Coast on 6 September 2019. Julie’s…
07-09-2021
- DIY will struck down in capacity contest among feuding step-siblings
A recent contest over which of two wills should be approved by the court for the distribution of a deceased estate illustrates how advancing age and infirmity must be accounted for when…
11-08-2021
- “Such of my children as survive me….”: when is there a “contrary intention”?
Gifts to children by will are frequently accommodated using the time-honoured expression “…to such my children as shall survive me and if more than one in equal shares”. A Supreme Court was…
09-08-2021
- No go for unsigned will with no proof of intention it would operate regardless
An unsigned testamentary document can be validated by a court even where there has been no attempt to have it signed if there is evidence that the deceased intended it to have…
01-08-2021
- What sort of testamentary trust suits your family’s needs?
A testamentary trust is an estate planning device that comes into existence after death by being created under the terms of a will. Testamentary trusts have historically been preferred by people with…
30-08-2020
- Outright gift or charitable trust: when is it better not to give?
A gift to a charity by will can be accomplished in a number of ways. The gift can be of a specific sum, a specific property, or a share of your estate.…
31-08-2020
- Where’s the original? Court remedies lost trust deed with advice to bank to rely on copy
A Supreme Court was recently asked to make orders dispensing with the need to produce an original Trust Deed and allow a photocopy of the Deed to be seen as the trust’s…
28-08-2020
- Troublesome will dispute scenarios – our top ten
Challenges by overlooked family member or dependents for a share (or increased share) in a deceased estate because of being left out of a will or on the grounds of a will’s…
06-07-2020
- Court made wills – just when do you lack capacity to do it for yourself?
A Queensland Court has ruled on the terms of a will it declared should be made for a 50-yr-old woman left catastrophically injured by a 2015 motor vehicle accident and awarded $10…
15-07-2020