Other Contentious Applications

In the first part of this evening’s lecture concerning estate litigation, the focus was on family provision. In this second part of the lecture, some other forms of contentious application are considered, by way of recent case examples:

(a)   Informal wills: Re Nichol; Nichol v Nichol & Anor [2017] QSC 220; Wood & Anor v Trudinger; in the will of Alan Stewart Trudinger [2017] QSC 245.

(b)   Rectification: Rose v Tomkins [2017] QCA 157.

(c)   Construction of wills: Floyd v Floyd & Ors [2017] QDC 198.

(d)   Resignation/removal and appointment of SMSF trustees: Perry v Nicholson [2017] QSC 163.

(e)   Statutory will applications: Re K’s Statutory Will [2017] NSWSC 1711 (testamentary discretionary trusts, the Court’s function in approving the terms of a statutory will, and costs).