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Estates
Johnson v George [2018] QSC 140 North J The applicant sought orders: that the body of his father be released to him for the purpose of a funeral and subsequent burial at Charters Towers, Queensland, pursuant to s 6 of the Succession Act 1981 (Qld) (the Act); and that the applicant be allowed to withdraw...
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Kerr v Kerr & Anor [2017] QSC 323 McMeekin J The deceased died on 15 April 2017, on the same day the first defendant procured the deceased’s signature on a document purporting to be her final Will. The effect of that document was to gift a significant portion of the testatrix’s estate to the second...
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CDG v John Siganto as Litigation Guardian for BJG & Ors [2018] QSC 11 McMeekin J The application, by the applicant’s litigation guardian, LMG, concerns whether leave should be granted pursuant to s 22 of the Succession Act 1981 (Qld) (the “Act”) to bring a further application for an order authorising a will to be...
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The Public Trustee of Queensland v Neary & Ors [2018] QSC 9 Neil Jones, the testator, died in 2002 before s.33C of the Succession Act commenced on 1 April 2006. Three weeks before his death a solicitor wrote by hand his Will. Neither the solicitor nor the file was available to clarify the issues in...
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Kay & Another v Kreis [2017] QSC 151 Holmes CJ The applicants sought the Courts’ discretion to permit the applicants to commence a family provision application out of time. The applicants father died on 4 December 2006 and the application for provision was filed on 17 November 2016. Legislation Section 41(8) of the Succession Act...
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Rose v Tomkins & Ors [2017] QCA 157 Morrison and Philippides JJA and Flanagan J The testatrix, Ms Julia Mary Jones, deceased, was in a de-facto relationship with Mr Bevan Warren Tomkins, the first respondent, who both had their own respective children from a previous marriage, the second and third respondents. Both the testatrix and...
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A Limited v J [2017] NSWSC 736 A Ltd v J (No 2) [2017] NSWSC 896 A Ltd v J (No 3) [2017] NSWSC 931 In a somewhat novel situation, an application for an urgent statutory will was brought before the Supreme Court of NSW on behalf of a child aged 13. The child had...
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Budulica v Budulica [2017] QSC 60 Mullins J The applicant sought, inter alia, removal of the respondent as the executor and trustee of the deceased’s will and ancillary relief in relation to the appointment of a substitute administrator and trustee. There was hostility between the applicant and respondent, who were siblings, with a history founded...
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In the matter of the Public Trustee of Queensland as Administrator of the estate of KH, deceased [2017] QSC 48 Lyons J The Public Trustee of Queensland (the “PTQ”) sought directions and/or advice as to whether the PTQ should distribute part of an estate of the deceased to the persons entitled under the Succession Act...
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Hicks v Mater Misericordiae Ltd [2017] QSC 38 Douglas J The deceased left her estate to the “Medical Superintendent for the time being of the Mater Children’s Hospital in Brisbane for the purchase of medical equipment for the treatment of seriously ill children”. Further, the deceased directed her trustees “to see to the proper expenditure...
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