In this episode, Caite & Michele delve into the world of removing executors from administering an estate! Michele shares with us two cases that demonstrate removal situations, but in different circumstances. In this chat, we talk about: You can (and should!) read the full cases. Have a question or want to submit a case for…
Category: Estate planning
Bedside Benefits: Informal documents upheld under s18 application (Qld)
The importance of changes in one’s circumstances and the need to update estate planning documents is no clearer than when you read a case such as this one.
In a recent case of Selig v Selig [2024] QSC 189, the Court determined an application by the children of a deceased parent who had left a formal Will, but also documents entitled “My Wishes” and a “Nomination of Beneficiaries Form” that formed the basis of the children’s claim as an informal Will.
Charitable Construction: Court considers philanthropic intentions in Will (Qld)
With the best of intentions, charitable giving in a Will can sometimes present challenges. In the case of Perpetual Trustee Company v The Corporation of the Synod of Diocese of Brisbane [2024] QSC 163, the Court was required to give guidance on how to interpret a charitable gift in the present day circumstances presented.
Lost & Found: Making a power of attorney and extent of understanding
In an earlier post, I wrote about the decision of Lambourne v Marrable and, naturally, it was a particularly interesting case to discuss further in a recent episode of The Heir Waves podcast. So, here it is! In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant’s List, and discuss…
Presuming Capacity in EPAs: ‘nature and effect’ and regaining capacity (Qld)
Following on from my earlier posts on powers of attorneys, it seems a little poetic, shall we say, that a further case involving attorneys became known to me! Big thanks to my friend and co-host of The Heir Waves podcast Caite Brewer who brought this case to my attention. The case of Lambourne and Ors…
Refresh Anew: Superannuation BDBN by Attorney upheld (QLD)
In a recent Queensland case, the topic of attorney’s handling a principal’s superannuation matters was, again, front and center. In Re Rentis Pty Ltd [2023] QSC 252, the Court was asked to determine whether a nomination by a duly appointed attorney of an incapacitated principal was valid. You may recall my earlier post on the…
Chalk It Up To Culture: Cultural considerations with Leila Chalk
In the latest episode on The Heir Waves, Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four Degrees Legal and guides us through: For those interested in getting in touch with Leila and talking more about this incredibly valuable topic, you can find Leila here: www.fortyfourdegrees.com.au Have a question or want to submit a case for…
Embracing the Early Inheritance in family provision – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Embracing the Early Inheritance in family provision In this episode, Caite & Michele discuss: With increasing levels of inter-generational wealth transfer happening, this is an episode (and…
Super Settled: High Court confirmation that Reg 6.17A SIS don’t apply to SMSFs
The long embattled question of whether Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (“SISR”) applies to SMSFs has finally been answered. For those playing at home, Reg 6.17A of the SISR sets out the standards of which regulated super funds are to pay a member’s superannuation benefits out when they pass away….
The Rise & Fall of the Gift & Loan Back: Re Permewan – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: The Rise & Fall of the Gift & Loan Back: Re Permewan In this episode, Caite & Michele discuss: Have a question or want to submit a…
Super Scott: Superannuation with special guest Scott Hay-Bartlem – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Super Scott: Superannuation with special guest Scott Hay-Bartlem In this episode, Caite & Michele: are joined with special guest, Scott Hay-Bartlem, Partner and Superannuation guru at Cooper Grace Ward…
Be Wary to Vary and Exercise Discretion: Re Owies Family Trust – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Be Wary to Vary and Exercise Discretion: Re Owies Family Trust In this episode, Caite & Michele discuss: The family trust case of Re Owies Family Trust [2020] VSC…
Re Marsella and genuine and real consideration – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Freedom of Discretion: Re Marsella and ”real and genuine” consideration In this episode, Caite & Michele discuss: Follow up question from ‘Episode 1: To Love and To…
Mutual wills & disentitling conduct – on The Heir Waves
In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some interesting cases, including one that involved mutual wills and another involving, my favourite topic, disentitling conduct. Have a listen below: Title: To love and to loathe: mutual wills and disentitling conduct In this episode, Caite & Michele…
Audio-Visually signed COVID Will admitted to Probate via s18 Application (QLD)
I must start this post with an absolutely huge thank you for the patience of my delightful blog followers. I have been a little distracted of late, but I promise, I will never forget this beloved blog of mine. I have a few cases to write about that I’m sure you will all enjoy, starting…
New Power of Attorney & Advance Health Directive forms released (QLD)
The wait is now officially over with the new Queensland Powers of Attorney and Advamce Health Directive documents now being released. E documents are approved for use from 30 November 2020. These documents coincide with the legislative changes I wrote about regarding attorneys and guardians last year. This is the first update to these well…
Changes to decisionmaker laws to commence soon (QLD)
You might recall that last year I wrote a post on new changes to laws for attorneys and administrators following the passing of the Guardianship and Administration and Other Legislation Amendment Act 2019. With the craziness that we now call COVID-19, the implementation of these changes that was scheduled for 30 March 2020 was postponed…
New audio-visual witnessing for Wills and Enduring Documents in QLD amid COVID-19
New regulations for Wills and EPAs made by Qld Government amid COVID-19
No Undue Influence + Mutual Wills: Appeal dismissed in Birch v Birch case (Qld)
I have been eagerly awaiting delivery of the appeal decision in Birch v Birch [2018] QSC 289. The case of Birch v Birch involved a situation where a mother had transferred her interest in a farming property to one of her sons, who also happened to be the mother’s duly appointed power of attorney. Whilst…
Seeing is believing?: Will not seen by, or read to, deceased, upheld (VIC)
This week has found me reading lots of different and interesting cases and I can barely keep up! However, I was really interested to read this case and, whilst I appreciate my amazing subscribers are being bombarded with emails, I just had to post about it. Last week, the Victorian Court of Appeal was called…