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ARTICLE · 26 SEPTEMBER 2008

Will your wishes be upheld?

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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The recent Queensland Supreme Court case of Underwood v Underwood [2008] QSC 159 was decided in July this year.

AustraliaFamily and Matrimonial
Greg Cahill
Greg Cahill
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The recent Queensland Supreme Court case of Underwood v Underwood [2008] QSC 159 was decided in July this year.

The Facts

  • Peter Charles Underwood died in May 2006 aged 64. His estate had approximately $1,300,000 in business assets and around $1,000,000 of other assets.
  • He left $213,000 on trust for his daughter Peta, who was 29, had special needs resulting from a drug addiction and lived with her mother.
  • He left his sons Derek and Scott $250,000 each, which included a small share of the business. Neither Derek nor Scott had any particular needs. They were both employed and had a reasonable amount of assets. Neither were involved in Peter's business.
  • He left his de facto partner Annette shares valued at $76,000 and paintings. She also received $200,000 from a Workcover payment resulting from his death.

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