Robert Whiteford - Trusts, Wills and Estates Barrister Brisbane

Biography

Year of call: 1979

Robert specialises in Trusts, Wills and Estates. He is a leading practitioner, and has appeared in many significant cases, in these areas of the law. He is recognised in Doyle’s guide as one of only four pre-eminent junior Wills & Estates Barristers in Queensland.

Robert is known for thorough preparation and a no-nonsense, direct approach to negotiation and litigation. He is a member of the Society of Trust and Estate Practitioners, and often presents papers for STEP and the Queensland Law Society in his areas of expertise.

Contact Details

07 3236 3053
0412 313 412
More Chambers, Level 28, Santos Place, 32 Turbot Street, Brisbane Q 4000

Cases of Interest - View previous case details

Re Finch [2018] QSC 16 – evidentiary issues relating to rectification and construction
Re Lisa Marie Tracey [2016] QCA 194 – the modern application of the rule in Saunders v Vautier
Pike v. Pike [2015] QSC 134 –forfeiture rule in the case of assisted suicide and manslaughter
Public Trustee v. Nielsen (2014) QSC 47
Simpson v. Simpson [2011] QSC 196
Bennett v. Royal Australian Institute of Architects [2015] QSC 85, Lewis v. Lohse [2003] QCA 199 –disclaimer of testamentary gifts
McIntosh v. McIntosh [2014] QSC 99 – administrator’s fiduciary duty not to compete with estate for payment of deceased’s superannuation benefits
Darveniza v. Darveniza (2014) QSC 37 – at the time, Queensland’s largest family provision award
Wilson v. Chapman [2013] QCA 235- rights of life tenant and remaindermen to “net income and profits” of trust
McPherson v. Byrne [2012] QSC 394 – rectification of a Will for mistake of law
Affoo v. Public Trustee [2012] 1 Qd.R 309 – survival of claim for family provision after Applicant’s death and necessity for final Orders in family provision proceedings
Bauer v. Hussey [2011] QCA 91 – mutual Wills
Dickson v. AAMI [2011] 1 Qd.R 214 – source and extent of Supreme Court’s inherent jurisdiction over incapacitated person
Johnson v. Public Trustee [2010] QCA 260 –striking out family provision claim for want of prosecution
Public Trustee v. Ball [2009] 2 Qd.R 327 – charitable trust, cy pres application
Public Trustee v. Smith [2009] 1 Qd.R 26 – modern approach to Will construction
Prosper v. Wojtowicz [2005] QSC 177 – “list certainty” for class gift
Bridgewater v. Leahy (1998) 194 CLR 147 – doctrine of unconscionability
Sinnamon v. Proe [1996] QSC 164 –Will procured by undue influence