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31 Oct 2023

“He’s a violent man and I don’t want him to know my home address.” Which case won?

A woman died in July 2022, aged 95 years. She left behind three sons and a will which divided her estate equally between them. Two of the sons were named as executors of the estate. 

In December 2022, the court granted probate of the woman’s will to the two executor brothers.  

As is customary, the front sheet of the probate document named the two executors and stated the complete residential address of each of them.

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undue influence, attorney, power of attorney, disinherit, executor, estate, transfer, transaction, asset, capacity, cognitive impairment, deceased, onus, rebut, presumption, independent advice, litigation
11 Feb 2023

“Our father only disinherited us because of undue influence by his attorney.” Which case won?

A man died on 24 November 2008 at the age of 93.

Prior to his death he had owned a farm in Queensland.

He had bought the farm in the 1970s and for many years spent his weekends there.

When his wife passed away in August 2003, he relocated to the farm permanently. 

In 1988, Mr and Mrs A purchased the property adjoining the man’s farm.

Over the years that followed, the man became close friends with Mr and Mrs A.

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