Clik here to view.
FPA dismissed for want of prosecution
The deceased died in Feb 2006 and family provision proceedings were commenced by his daughter in Nov 2006. The will left the entire estate to a de facto of 22 years. No step had been taken since Dec...
View ArticleClik here to view.
Record $3m award in FPA
“All happy families are alike; each unhappy family is unhappy in its own way.” per Martin J in a judgment handed down yesterday, which smashed all records for the award to an able bodied son in a...
View ArticleClik here to view.
Claim by adult children dismissed in favour of spouse
In a recent judgment Balusch DCJ dismissed an FPA by two adult children of the deceased where there was a small estate (only $300K, pretty much just the house) and the competing claim was a long term...
View ArticleClik here to view.
Son ordered to pay costs on unsuccessful FPA
In a timely reminder that costs do not always come out of the estate, an unsuccessful adult son was ordered to pay the costs of both the executor and the separately represented beneficiaries (on a...
View ArticleClik here to view.
When is a “child” a child?
The Qld Court of Appeal has ruled that a child by aboriginal culture is not a “child” of a deceased person for the purposes of intestacy, or family provision laws. The appellant administrator was the...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Another record FPA award – $25m
Today the WA Supreme Court handed down a record judgment in which an FPA applicant was awarded $25m. The applicant was the granddaughter of mining heir Peter Wright, who co-founded Hancock Prospecting...
View ArticleClik here to view.
Applicant slammed by Court of Appeal
Salmon v Osmond [2015] NSWCA 42 was handed down yesterday by the NSW Court of Appeal. It was an appeal against a decision awarding an adult child applicant the sum of $200,000 by way of further...
View ArticleClik here to view.
Spouse awarded $350,000 on FPA
In a recent judgment Smith DCJ awarded a spouse of 18 years $350K out of an estate of approximately $670K (after allowing for costs). She had been left a life interest in a house (to be chosen by...
View ArticleClik here to view.
Both parties’ costs capped in FPA
In Cerneaz v Cerneaz (No 2) [2015] QDC 73 Smith DCJA capped both parties’ costs after a successful FPA by an applicant spouse. The applicant’s costs were estimated at $140,000 and were capped at...
View ArticleClik here to view.
Solicitor’s duty to beneficiaries expanded
Last week the Tasmanian Full Court handed down a decision which clarifies a solicitor’s duty to intended beneficiaries when taking instructions for a will. It was held the solicitor’s duty to give...
View ArticleClik here to view.
High Court appeal
An application for special leave was filed last week against the decision of the Tasmanian Full Court in Calvert v Badenach [2015] TASFC 8. This is the case where the Full Court held that a solicitor...
View ArticleClik here to view.
To trust or not to trust, that is the question
Applegarth J today handed down a decision in a family provision application trial that took place earlier this month. I appeared for the applicant. The issue at trial was not whether adequate...
View ArticleClik here to view.
Another adult child FPA appeal dismissed
Yesterday the NSW Court of Appeal dismissed an appeal by an unsuccessful FPA applicant. The applicant was an adult child of the deceased. His mother died leaving her estate to her spouse (there were...
View ArticleClik here to view.
Former sex worker not a de facto
The NSW Court of Appeal has dismissed an FPA appeal by a former paid sex worker, later carer for her former client the deceased. The trial judge had found she was not an eligible applicant because she...
View ArticleClik here to view.
Non-fulsome disclosure not good enough
Yesterday a family provision claim was dismissed in a large estate ($3.5m to $3.8m) primarily on the basis of the applicant’s failure to fully disclose his financial position. There was also a long...
View ArticleClik here to view.
Rare disentitling conduct case
Today a judgment was handed down which will please many executors and family members of deceased persons involved in litigation. It was the first successful disentitling conduct case for many years....
View ArticleClik here to view.
No joy for executor
An interesting decision handed down last week (Qld District Court, McGill DCJ) where an executor distributed the estate just after the 9 months expired. Then attempted to rely on distribution to defend...
View ArticleClik here to view.
A win for the charities!
In a FPA judgment handed down 3 weeks ago a District Court Judge awarded significant sums to two applicants, but proposed to take the costs of the entire action out of the share of only one of the...
View ArticleClik here to view.
Solicitor’s duty clarified – Badenach v Calvert [2016] HCA 18
This eagerly anticipated judgement was handed down this morning by the High Court. It concerned the scope of a solicitor’s duty to a beneficiary, when preparing a will for a testator. The solicitor...
View Article
