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In the Will of Irene Catherine Mary Schluter[2022] QSC 76

In the Will of Irene Catherine Mary Schluter[2022] QSC 76

SUPREME COURT OF QUEENSLAND

CITATION:

In the Will of Irene Catherine Mary Schluter [2022] QSC 76

PARTIES:

In the will of Irene Catherine Mary Schluter

Paul Edward Schluter and Glen Patrick Schluter

(Applicant)

FILE NO/S:

BS 4642 of 2022

DIVISION:

Trial Division

PROCEEDING:

On the Papers

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

4 May 2022

DELIVERED AT:

Brisbane

HEARING DATE:

On the Papers

JUDGE:

Martin SJA

ORDER:

Application adjourned to a date to be fixed

SOLICITORS:

Power & Cartwright for the Applicant

  1. [1]
    This is an application for an order that probate be granted for an unsigned copy of a will.  This is not an unusual type of application to be heard “on the papers”.
  2. [2]
    The principles relating to an application of this nature are well known.  One of the requirements for an applicant who seeks an order without a hearing is that the application be accompanied by a written submission which deals with all matters necessary for the order to be made.  In this case, these submissions fall far short of that requirement.  The written submission lists the beneficiaries, says that they consent to an unsigned copy of the will being admitted to probate and then the submission simply lists a number of authorities which relate to the admission of a will to probate.  There is no attempt to identify the evidence which might support the application.  There is no direction as to which affidavits might contain such evidence. 
  3. [3]
    The ability to obtain an order on the papers is one which is of considerable benefit to parties.  It saves money and time.  But parties cannot expect that the benefit of this procedure will be available when no attempt is made to properly support the application by way of a set of appropriately detailed submissions. 
  4. [4]
    I will not dismiss the application, I will adjourn it to a date to be fixed so that the applicant can put its house in order.
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Editorial Notes

  • Published Case Name:

    In the Will of Irene Catherine Mary Schluter

  • Shortened Case Name:

    In the Will of Irene Catherine Mary Schluter

  • MNC:

    [2022] QSC 76

  • Court:

    QSC

  • Judge(s):

    Martin SJA

  • Date:

    04 May 2022

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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