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Re McMahon [2022] QSC 236

November 5, 2022

Re McMahon [2022] QSC 236

The Deceased prepared a Will himself.

In the Will, the Deceased purported to make several gifts of various properties and assets, but he accidentally failed to name any beneficiary of each gift.

The Deceased named his long-term partner (whom he formally married just before his death) as Executor of his Will.

The Executor brought an application seeking to rectify the Will by naming herself beneficiary of all of the various gifts made in the Will.

However, the Court found that the Deceased’s decision to make so many specific gifts was inconsistant with the Executor’s assertion that he intended to leave everything to her.

The Court ordered that the Deceased’s estate be administered according to the Rule of Intestacy and that the successful First Respondent (represented by Hemmant’s List Member Caite Brewer) be appointed Administrator of the Estate.

 

Caite Brewer

Caite Brewer

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