by ROBERT | Nov 12, 2023 | Probate, Succession
This case involved a dispute over two wills made by Mark Boatwright, who died in May 2021. Boatwright made a will in January 2018 appointing the plaintiff John Bratt as executor. In September 2020, Boatwright made another will appointing the defendant Oliver as...
by ROBERT | Nov 12, 2023 | Property, Succession, Trusts
This appeal arose from a dispute over the ownership of a property in Upper Colo, NSW that was owned by Dame Leonie Kramer after her husband’s death. The respondent, David Stone, had farmed the property under an oral share farming agreement since 1975. Stone...
by ROBERT | Nov 9, 2023 | Disability, Family provision, Succession
This case concerns an appeal against a judge’s refusal to sanction a proposed compromise of a claim by a disabled man, John Abrahams, for better provision from his late father’s estate under the Succession Act. John has Down Syndrome and other conditions....
by ROBERT | Oct 20, 2023 | Asset protection, Succession
A married couple, Mario Caruso and Catherine Whitty, purchased a property to be their matrimonial home. To help fund the purchase, Caruso obtained a loan from his siblings. As part of the transaction, Whitty executed a deed appointing Caruso as her attorney to sell...
by ROBERT | Sep 27, 2023 | Asset protection, Succession
In 1995, Peter Smeaton engaged a solicitor, Joseph Pattison, to prepare a new will leaving his share of investment properties held in joint tenancy with his wife to his 4 children. The solicitor advised Mr Smeaton to execute transfers of his interest to sever the...
by ROBERT | Sep 7, 2023 | Succession
This was a decision by His Honour Judge Gary Long SC delivered on 25 August 2023 in Maroochydore District Court. The first applicant discontinued his claim after reaching a settlement. The second applicant (referred to as “the applicant”) continued her...
