Where both parties lead evidence at trial on an issue covered by a pleaded admission, the admission remains relevant but is no longer decisive — the court must determine the issue on the evidence. A transfer of real property by an executor who is also the sole beneficiary to himself does not constitute a distribution of the estate where the executor continues to hold the property for estate administration purposes including payment of debts. A solicitor cannot rely on counsel's advice as a defence to negligence where the advice addressed a different risk from that which materialised. Section 44(3) of the Succession Act 1981 (Qld) does not bar family provision applications under Part 4 of the Act.
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