There have been few Statutory Will applications in Western Australia, which is surprising because the threshold under s 42 of the Wills Act 1970 (WA) is lower than in the other States and Territories – the Court need only be satisfied that the suggested Will “is one which could be made by the pe Read More
Re Gillam [2016] VSC 5
This decision of McMillan J was published on 21 January 2016. It is only the second statutory will case for which reasons have been published since the amendments to the Wills Act 1997 (Vic) commenced on 1 January 2015. The other case is Bailey v Richardson [2015] VSC 255. Facts The proposed testato Read More
Statutory Wills – article on “the Australian Experience”
Richard and Sam have authored an article, published internationally by the Society of Trust and Estate Practitioners (“STEP”) in the December 2014 edition of the Trust Quarterly Review, that provides a summary of the development of the Statutory Wills jurisdiction in Australia so far, and notes some of the emerging and topical Read More
Statutory will applications in Victoria – procedural changes taking effect from 1 January 2015
In a previous post on 26 August 2014 (accessible here), we highlighted proposed changes to the Wills Act 1997 (Vic), that would affect some procedural aspects of statutory will applications in Victoria. The Justice Legislation Amendment (Succession and Surrogacy) Act 2014 (Vic) received Royal Assent on 21 October 2014. The relevant p Read More
ADT v LRT [2014] QSC 169 – appeal heard
The appeal in the statutory codicil case ADT v LRT [2014] QSC 169 was heard today by the Queensland Court of Appeal. The appeal was allowed. Leave was granted pursuant to s.22 of the Succession Act 1981 (Qld) to apply for an order pursuant to s.21 of the Act authorising the alteration of the tes Read More
Halsbury’s Laws of Australia – forthcoming section on Statutory Will applications
Richard and Sam have recently written a section for Halsbury’s Laws of Australia, on ‘Statutory Will Applications’. This will be published shortly, in title 395 Read More
Court-authorised wills, Perth – 20 November 2014
Richard presented a paper on ‘Court-authorised wills for persons lacking testamentary capacity’ for the Society of Trust and Estate Practitioners (STEP), at the Supreme Court of Western Australia, Perth on 20 November 2014. The following topics were addressed: The statutory framework under the Wills Act 1970 (WA) When is a court-authorised will needed? Assembling the application R Read More
Presentation on Statutory Will applications – The Hon. Justice Tom Gray – STEP Queensland branch annual conference, 5 September 2014
The Hon. Justice Tom Gray, Supreme Court of South Australia, delivered a presentation at the STEP Queensland Branch annual conference at Kingscliff, NSW on 5 September 2014. His Honour addressed the following: The scope of the requirement, in s.24(e) of the Succession Act 1981 (Qld) (and the corresponding requirement in the statutory wills legisl Read More
Statutory will applications, TEN 5th Annual Wills and Estates Conference, Gold Coast – 21 August 2014
Richard presented a paper “Statutory Wills – As a Sword and a Shield” at the Television Education Network 5th Annual Wills and Estates Conference on 21 August 2014. The following topics were addressed: recent case law on statutory wills for minors (which are subject to different requirements under the legislation, distinct from the ap Read More
McFadden v McFadden, unreported, SC(Qld), Applegarth J, 22 July 2014
This application was brought on behalf of a 21 year old proposed testator, ‘J’, who had suffered significant injuries at the age of 9, as a result of which he required 24 hour care. The applicant, his paternal aunt, had become his sole carer and had been appointed by QCAT as his guardian. Read More