Baker v Williams

In the matter of Baker v Williams, the respondent, who is the son of the deceased, applied for provision out of the estate of his father under section 41 of the Succession Act 1981 (Qld). The testator had left all of his property to be held by the executors on trust for his granddaughter. The respondent, who was the son of the deceased, made this application out of time, after the estate had already been fully administered. The respondent had previously instructed a solicitor to make an application for provision from the estate, but the solicitor failed to do so. The court was required to determine whether the respondent's application for provision should be dismissed.

The court examined whether the circumstances precluded relief under section 41 of the Succession Act. It was noted that the application was made out of time and that the estate had already been fully administered. The court also considered that the respondent had previously instructed a solicitor to make an application for provision from the estate, but the solicitor had failed to do so. The court had to decide whether these circumstances precluded the respondent from obtaining relief under the Act. The court held that the circumstances did preclude relief and dismissed the respondent's application.

The court found that the respondent's application for provision out of the estate was made out of time and that the estate had already been fully administered. The court also found that the respondent had previously instructed a solicitor to make an application for provision from the estate, but the solicitor had failed to do so. The court held that these circumstances precluded relief under section 41 of the Succession Act. The court dismissed the respondent's application, with costs to be assessed.