Luglio v Freestone

DISTRICT COURT OF QUEENSLAND CITATION:  Luglio v Freestone [2022] QDC 51 PARTIES:  ROSSLYN ELIZABETH LUGLIO (Applicant) v ANTHONY JOHN CRONIN FREESTONE (Respondent) FILE NO: 2429/21 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT:  Brisbane District Court DELIVERED ON: 24 February 2022 DELIVERED AT: Brisbane HEARING DATE:  24 February 2022 JUDGE: Porter QC DCJ ORDERS: 1. Pursuant to section 41(1) of the Succession Act 1981 (Qld), further and better provision be made for the proper maintenance and support of the Applicant out of the estate of Umberto Luglio, deceased by the Will of Umberto Luglio dated 16 August 2010 being read and construed as if in lieu of clauses 3, 4, 5, 6, and 8 it contained the following clauses: “3A. I give Rebecca Marina Freda Luglio the sum of $75,000; and 3B. I give Lachlan Edward Behan the sum of $75,000.” 2.   The respondent’s costs of these proceedings be fixed at $40,000 be paid from the estate of the said deceased. CATCHWORDS: SUCESSION – FAMILY PROVISION – ELIGIBLE APPLICANTS – LEGAL DISABILITY - MINORS – Whether it is necessary for a sanction under the Public Trustee Act 1978 to be granted when one of the beneficiaries affected by settlement is a minor – No sanction is required LEGISLATION: Succession Act1981 (Qld) Public Trustee Act 1978 (Qld) CASES: Morrison v Abbott [2012] NSWSC 320 Hore v Perpetual Trustee Co Limited (unreported, NSWSC, 8 June 1995) COUNSEL: R. Whiteford for the Applicant D. Tropp for the Respondent SOLICITORS: Shine Lawyers for the Applicant Priala...