NL Newport Law

Call Today 1300 734 737

Recent Cases

Hicks v Mater Misericordiae Ltd [2017] QSC 38

Posted in Wills and probate on 13 April 2017

Supreme Court of Queensland

Douglas J

Wills and estates - succession - trusts and trustees - deceased left residue of
estate to ‘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’ - when Will was executed there was no position
described as Medical Superintendent of Mater Children’s Hospital - Mater
Children’s Hospital in existence when Will executed but ceased to exist - first
respondent operated hospital services providing medical services for seriously
ill children but did not operate children’s hospital - functions of Mater
Children’s Hospital ceded to hospital operated by second respondent - whether
bequest should be applied for first respondent’s or second respondent’s benefit
- whether bequest should be applied cy-près - s275 Hospital and Health
Boards Act 2011 (Qld) - s33C(1) Succession Act 1981 (Qld) - s105(1) Trusts
Act 1973 (Qld) - held: Court made cy-près order in favour of second
respondent.

Keep Reading...

Estate George Roby, deceased [2017] NSWSC 265

Posted in Wills and probate on 13 April 2017

Supreme Court of New South Wales

Lindsay J

Wills and estates - two proceedings concerning administration of deceased’s
estate - plaintiff granddaughter of deceased sought declaration concerning
proper construction of deceased’s Will and order that home unit held on trust
for her or second defendant be transferred to her - second defendant, who was
deceased’s son and plaintiff’s father, sought family provision relief - Family
Provision Act 1982 (NSW) - Succession Act 2006 (NSW) - held:
plaintiff entitled to relief sought, subject to second defendant’s entitlement
to family provision relief - declaration as to entitlement to ownership of
property - defendant granted legacy - orders made for family provision relief.

Keep Reading...

Validity of Powers of Attorney

Posted in Wills and probate on 13 April 2017

Solicitors regularly receive instructions in various transactions from attorneys appointed under powers of attorney that appear to be valid documents. When should a solicitor make further enquiries to establish the validity or otherwise of those instructions? This question was addressed by the NSW Supreme Court in Yaktine and Perpetual Trustees. The solicitor was instructed by the son of Mr and Mrs Yaktine to act on his purchase of a property. The son also instructed the solicitor to act on a large mortgage of his parent’s property with a significant amount to be paid towards the purchase of his property. The son produced a forged power of attorney and told the solicitor that his parents were overseas but they agreed with the transaction. Mortgage documents were signed by the son under the power of attorney and witnessed by the solicitor. The solicitor also witnessed 2 statutory declarations which the son signed on behalf of his parents. Of course this cannot be done. The parents first learnt of the transaction when they received a letter of congratulations from the lender following settlement. The court found that the solicitor was guilty of making a false and misleading representation in submitting the mortgage documentation to the lender’s solicitor.

Keep Reading...

Stojic, Deceased [2017] NSWSC 168

Posted in Wills and probate on 13 April 2017

Estate

Supreme Court of New South Wales

Lindsay J

Wills and estates - probate - multiple Wills - deceased left multiple Wills,
including a 2013 Will which was agreed to be valid and two disputed 2014 Wills
(‘23 May 2014 Will’ and ‘6 June 2014 Will’) - proceeding concerned
determination of 2014 Wills’ validity or otherwise - it was agreed that 2013
Will should be admitted to probate if not revoked by one or the other of the
2014 Wills - testamentary capacity - suspicious circumstances - assistance to
testator - held: Court not satisfied deceased had capacity to make 6 June 2014
Will - Court not satisfied 6 June 2014 Will was last Will of free and capable
testator - suspicious circumstances attended execution of 23 May 2014 Will -
Court not satisfied deceased knew and approved the contents of 23 May 2014 Will
- Court not satisfied 23 May 2014 Will was last Will of a free and capable
testator - 2013 Will admitted to probate

Keep Reading...