Recent Developments

Admission of copy of lost will to probate – Re Warren [2014] QSC 101

In the Will of Leonie Lyle Warren deceased [2014] QSC 101 (reasons published 22 May 2014) is a further example of the application of the principles outlined in Cahill v Rhodes [2002] NSWSC 561, in the situation where the original of a will is missing and the applicant seeks to have admitted to probate a […]

Donationes mortis causa – Hobbes v NSW Trustee & Guardian [2014] NSWSC 570

The recent decision of White J in Hobbes v NSW Trustee & Guardian [2014] NSWSC 570 is a rare example of judicial consideration of the doctrine of donationes mortis causa (gifts made in contemplation of death).  This has been described as “a curious doctrine”, neither entirely inter vivos nor testamentary (Law of Succession, dal Pont […]

Statutory will for minor – Re K [2014] QSC 94

In Re K [2014] QSC 94, Atkinson J authorised the making of a will by a minor. Under the Succession Act 1981 (Qld), the requirements for the making of a will by a minor who has testamentary capacity are distinct from those that apply to the authorisation of the making of a will for a […]

Sharia wills and inheritance rules

The Law Society of England and Wales published a practice note on 13 March, on Sharia wills and inheritance rules.  The note explains the conflict of laws issues and the basics of the Sharia succession rules, and considers some of the ways in which these rules impact on will drafting and estate planning.  The commentary […]

Assisted suicide – common law forfeiture rule – PTQ v PTQ [2014] QSC 47

The judgment in The Public Trustee of Queensland v The Public Trustee of Queensland & Ors [2014] QSC 47 was published this afternoon. The Chief Justice considered the application of the common law forfeiture rule, in circumstances where Mr Nielsen, named as executor and beneficiary under the will of the deceased Mr Ward, had assisted […]

New Queensland statutory will decision – Re Lean

On 14 February 2014, Boddice J in the Supreme Court of Queensland authorised the making of a statutory will in the matter of Re Lean. This was an unopposed application, in circumstances where the elderly proposed testator’s previous will had been revoked by marriage in 2005. The applicant was the nephew of the proposed testator, […]