In this episode, Caite & Michele are joined by Brisbane Barrister, Dr Pip Coore, to talk through the relatively new provisions in the Powers of Attorney Act 1998 (Qld) (‘The Act’) that deal with the effect of a beneficiary’s interest in a Will where the property dealt with by the attorney.
Caite & Pip lead the charge by going through a fairly recent matter they were involved in where they discuss:
- The new s61B in the Act
- Statutory exception to ademption
- The insights from the explanatory memorandum to interpret the application of the new section 61B of the Act
- The relevance of the interpretation of the gift, i.e. general or specific gifts and the importance of construction of wills principles and how to apply s61B
- How the difference between the two gifts and impact the application of s61B of the Power of Attorney Act
- The relevance of the timing of a dispute following the commencement of the provision
- Reference to Victorian decisions, Re Moran (2022) VSC 776 and Re Foord (2019) VSC 444
- Importance of considering your estate planning regularly.
Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com.
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** IMPORTANT NOTICE **
The information provided in this podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.