Competing interests in estate litigation

BACKGROUND ON COMPETING INTERESTS: THE CASE OF FENTON-ANDERSON & ANOR V POWER & ANOR

Fenton-Anderson & Anor v Power & Anor ('Fenton- Anderson') is a recent District Court of Queensland case which gives a useful overview of how competing interests in a deceased estate are determined.

In Fenton-Anderson, Mr Fenton died in February 2018 and his ex-wife Mrs Fenton was the primary beneficiary under his will. Mr Fenton's primary asset under the estate was his farming property (the 'Property') estimated to be worth at least $1 million. Mrs Fenton was effectively left all of Mr Fenton's personal estate, including the right to reside for life at the Property on the condition she maintained the Property.