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Home | Wills & Estates Law | Judges quotes

“What I have described as AJ’s overweening sense of entitlement is also manifested by the fact that, when faced with opposition to his chosen mode of proceeding at any particular time, he resorts to scurrilous personal attacks on his opponents, on their lawyers, and on the judges involved in making decisions which are adverse to his interests.” Daubney J in Jorgensen v Jorgensen & Ors [2016] QSC 193 at [67]

“The coroner ordered the release of the body in February 2011 and Simplicity Funerals took possession of the body. Since then, however, the applicants have refused to allow Simplicity Funerals to bury the body.  They have raised a variety of matters in an attempt to justify that refusal.  Particular concerns which they expressed were that the deceased’s organs had not been returned to the body or those organs with the body may not be organs of the deceased.  They requested X-ray testing and DNA testing to allay their concerns.  The applicants were informed on several occasions that all of the organs were returned to the body after the autopsy and that the remaining tissue samples were provided to Simplicity Funerals in 2011 and early 2012.  There is no reason to doubt that this has occurred.” Fraser JA in Yu & Anor v Chief Executive, Dept of Justice & Attorney-General [2016] QCA 54 at page 3.

The Court observes, although it is not determinative, the benefit to the estate of the Percydale litigation (conducted on its behalf by Wisewoulds) appears to be outweighed by the legal fees.  It is no answer to this issue to say that the litigation was commenced and concluded with judicial approval.  Judicial approval did not run to the amount of legal fees to be incurred. That was the responsibility of the executor to oversee. Per Ierodiaconou AsJ in Re will and estate of Macleod [2017] VSC 67 at para 77

What is a fit provision may be more than the bare minimum necessary to ensure that an applicant is housed and fed. What is a fit provision may go beyond the provision of “the bread and butter of life”, and extend to “a little of the cheese or jam that a wise and just [testator] would appreciate should be provided if circumstances permit”. That approach must be balanced against the needs of the adult beneficiaries in this case and the modesty of the estate. Mullins J in Budulica v Budulica [2017] QSC 60 at [78]

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