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...

International Wills

A will can be one of the most complex and difficult documents to write, especially where assets or beneficiaries are located across several jurisdictions. To simplify succession law in Australia, the Australian Government acceded to the Convention Providing a Uniform...

Family Farm – Beware the Ex-Wife

Nolan v Nolan & Ors [2014] QSC 218 Highlights: An ex-wife gains substantial interest in family assets outside of the Family Law Court Facts: Donna Nolan (‘the Plaintiff’) and Tony Nolan (‘the First Defendant’) were married for 18 years. During this time, they...

Right of disposal of the deceased’s body

Laing v Laing [2014] QSC 194 Highlights Dispute between deceased’s children and deceased’s second wife as to the method of disposal of the deceased’s body. Validity of recent wills not investigated, as they did not include any signed directions by the deceased to have...