Queensland Judgments


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Micallef & Anor v Micallef & Anor; Arrowsmith v Micallef & Ors

Unreported Citation: [2012] QSC 239

In this matter three brothers purportedly renounced their interest in the residue of the estate of their deceased father in favour of their mother. Two of them signed documents purporting to do the same. The other apparently simply indicated his intention to renounce his interest although later said that he did not intend to benefit the residual beneficiary. The step-sister of the three brothers claimed that the renunciation of their interest amounted to a disclaimer of their interest such that her interest in the residue was thereby increased. When the executors sought to distribute the interests of the brothers to the residuary beneficiaries instead of to the mother, the action was commenced by the brothers. Applegarth J first held that the beneficiaries who had renounced their interest had standing to argue that their renunciation did not amount to a disclaimer.