Baker v Rigg

In *Baker v Rigg*, the High Court of Australia considered an appeal from a decision of the Supreme Court of Queensland. The dispute concerned the interpretation and application of the *Succession Act 1981* (Qld) and the *Public Trustee Act 1978* (Qld) in relation to the distribution of an estate.

The central legal issue before the High Court was whether the Public Trustee, acting as executor of the estate, had a duty to make an application for a family provision order under the *Succession Act 1981* (Qld) on behalf of a beneficiary who was a minor. This involved determining the scope of the Public Trustee's powers and responsibilities, particularly when acting for beneficiaries under a legal disability.

The High Court reasoned that the Public Trustee's statutory powers and duties did not extend to initiating family provision claims on behalf of beneficiaries. Their Honours noted that the *Public Trustee Act 1978* (Qld) conferred broad powers, but these did not encompass the specific discretion required to make such an application, which was a matter for the individual beneficiary or their legal representative. The Court emphasised that the *Succession Act 1981* (Qld) contemplated that an application for a family provision order would be made by the eligible person themselves, or by a person authorised to act on their behalf, rather than by the executor of the estate.

The appeal was dismissed.