For, to define true madness

‘For, to define true madness’*

Posted Posted in Queensland Law Society Proctor Magazine

“When the facts change, I change my mind.”1 What we once thought was madness we now know to be any number of medical conditions that are manageable illnesses. Neurological science has progressed significantly in the 21st Century,2 so it is no surprise that people question the legal system’s reliance on legal precedents that predate scientific advancement. […]

Who’s better, who’s best?*

Who’s better, who’s best?*

Posted Posted in Queensland Law Society Proctor Magazine

Who is the client? Determining boundaries and appropriate representation in estate planning Estate planning solicitors have a particularly difficult and onerous task in assisting clients with intergenerational transfer of family wealth, because the inherent nature of families is that they see themselves as one being. Yet they are a unit of many individuals who have […]

Further provision application clarifies limits to District Court monetary jurisdiction

Further provision application clarifies limits to District Court monetary jurisdiction

Posted Posted in Queensland Law Society Proctor Magazine

Often when there are multiple applicants in a further provision application (FPA), practitioners grapple with the question of whether to file in the District Court or the Supreme Court. This is because of the question of whether to apply the monetary jurisdiction in respect of the total value of the estate or the total value […]

What’s in a name? Lost beneficiaries, birth certificates and human rights

What’s in a name? Lost beneficiaries, birth certificates and human rights

Posted Posted in Queensland Law Society Proctor Magazine

Re Mac [2020] QSC 3421 involved a seemingly narrow and specifically factual circumstance. It entailed a quest for lost beneficiaries and the impact of that on the distribution of an intestate estate. Its nexus to Vietnam later takes us to the Convention on the Rights of the Child2 and its relationship to the status of birth certificates and […]

Succession law alert: NSW revenue law change to affect Qld testamentary trusts

Succession law alert: NSW revenue law change to affect Qld testamentary trusts

Posted Posted in Queensland Law Society Proctor Magazine

The New South Wales Office of State Revenue has deemed any discretionary trust to be foreign (and hence liable to higher duties) unless the terms of the trust make it impossible to pay money to a foreign person, now or ever, including removing power of amendment.  Any testamentary trust, wherever made, that holds real property in NSW is […]

The observer effect – when does a court permit covert recordings in succession law matters?

The observer effect – when does a court permit covert recordings in succession law matters?

Posted Posted in Queensland Law Society Proctor Magazine

In 1998 the Weizmann Institute of Science published a paper titled ‘Quantum Theory Demonstrated: Observation Affects Reality’. It discussed a phenomenon commonly referred to as the ‘observer effect’, which has entranced both philosopher and physicist alike. That is, in the very act of watching, the observer affects the observed reality.1 This phenomenon has now entered […]

Capacity, clarity, contradictors and civil procedure

QLS PROCTOR – Capacity, clarity, contradictors and civil procedure

Posted Posted in Queensland Law Society Proctor Magazine

For succession lawyers mental capacity issues extend far beyond the requirement for a mere will. These days clients have any number of complex asset classes undertaking any number of decisions in giving effect to a succession plan. Accordingly, there is a broad range of mental capacity contexts that must be considered, from engagement and instructions, […]