Archive by Month: September 2017
The legal principles of Statutory Wills in Queensland
Persons without testamentary capacity. Link: APB, ex parte Sheehy, Re [2017] QSC 201 Succession Act 1981 (Qld) S. 21 and onwards. The Court may authorise a will to be made, altered or...
Link: APB, ex parte Sheehy, Re [2017] QSC 201 About the Case: The applicant is now aged 91 and lacks testamentary capacity. He has very substantial assets, including a shopping centre which is...
Daughter in NSW out of time but still successful contesting a will.
Link: Stone v Stone [2016] NSWSC 605 Size of the Estate: House valued at about $400,000 Liabilities about $93,000 Potential Notional Estate Summary: The deceased died on 27 June 2014 aged...
The ‘rules’ for contesting a will in NSW (but not applicable to spouses or children contesting).
Spouses and children are a higher priority. A summary of the 2017 judge’s comments as follows, regarding what is required by applicants in will contest cases (other than spouse or child...
NSW Will dispute lawyers must comply with Uniform Rules.
A solicitor must give a client at least 28 days' notice they intend to withdraw from a case if a hearing date has been fixed. If they have not given the required notice, they need the court's...
Judge sets out circumstances in will dispute passing over executor.
A summary of the Judge’s comments as follows. There are a large number of English cases where the Court of Probate has passed over an executor or revoked a grant of probate. That has been done on...
Starting your claim or your defence of a claim on the right track is extremely important. I have seen my opposition start down the wrong track and then try to backtrack resulting in costly work...
Challenging a will alleging undue influence.
In Australia it is extremely difficult to successfully challenge a will based on the grounds of undue influence: So difficult here that there have only been about three successful cases in the last...