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Replacing a Trustee and Removing an Appointor

Replacing a Trustee and Removing an Appointor

Palmer v Palmer [2018] QSC 217 In Palmer, a principal beneficiary under the trust applied to the court to replace his brother and join his son (who was in USA at that time) as a co-trustee of a trust and secondly, to have the appointor under the will’s testamentary...
A Tape Recorded Will Alteration?

A Tape Recorded Will Alteration?

Re: Estate of Carrigan (deceased) [2018] QSC 206 Shortly before passing away the testator made a change to his will by declaring on an audio tape recording that each of his two children should receive 50% of his $6 million life insurance policies instead of his wife,...
Child or Adult on Day Before Birthday?

Child or Adult on Day Before Birthday?

PM v Childrens Court of the Australian Capital Territory & Ors [2018] ACTSC 258 OVERVIEW The law distinguishes between children and adults. That said, it is interesting to compare reasons for decision in a criminal case with a civil case, say in wills and estate...
Power of Attorney Risk Management

Power of Attorney Risk Management

INTRODUCTION The Power of Attorney is a legal status authorising an agent to make decisions on behalf of the principal in regard to matters relating to the principal’s welfare and/or administration of his/her finances. According to section 66 of the Powers of Attorney...
Family Provision Application | Late Claim

Family Provision Application | Late Claim

Mortimer v Lusink & Ors [2017] QCA 1 FACTS Loma Green was the estranged mother of Ms Mortimer. She died on 2 July 2015. Green left Mortimer $20,000 stating that she felt Ms Mortimer to be of adequate financial means, and that Ms Mortimer’s Father – Dr Theodore...

Making a Will | Legal Capacity

Farrell v Boston [2016] QSC 278 FACTS Erris Farrell died in October of 2015. She had made at least two wills in her life; one in 1984, and another in 2007. There was a third purported will, dated 2013. Following her death, Warren Boston – the executor of her estate...