Contesting a Will in Queensland

The distinction between what constitutes a Will and what does not can often be vague and ambiguous. In the UK 1926 case, Hodson v Barnes, a seaman etched his final wishes onto an eggshell. The inscription read: “Mag. Everything I possess. J.B.” [1] (Mag was the name of the seaman’s wife). Should an eggshell be … Read more

Can control and assets of a Family Trust be given as a gift in my Will? Reschke v Reschke [2017] SASC 192

This question was raised before the Supreme Court of South Australia in the case of Reschke v Reschke [2017] SASC 192, concerning a discretionary family trust called the Rocky Castle Trust (“Trust”), and the last Will of Mr Reschke (“Will”). It was generally accepted by the parties in dispute that it was not possible for … Read more