QCAT or SCQ for Administrator?

QCAT or SCQ for Administrator?

JDM v Hodges [2019] QSC 65BACKGROUNDThe applicant who was an adult at the time of the hearing participated in a car accident that caused death of her grandmother, physical injury to her mother and chronic post-traumatic stress disorder to herself. As the result of her...
Original Will Lost

Original Will Lost

Re Ambrose [2019] QSC 3What happens when the original will of a deceased is lost?The question was asked in this case when the solicitor of the deceased presented the court with a photocopy of the will and requested a probate of the document. The solicitor was the sole...
It is the Will of the Writer …

It is the Will of the Writer …

The Estate of Colleen McCullough [2018] NSWSC 1126 This case concerned the estate of the late Dr Colleen McCullough, a prominent writer. The matters at issue in the case was the validity of the will that assigned the whole of Dr McCollough’s estate to her husband Mr...
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...