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Michele Davis

Michele Davis

lawyer & educator

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Tag: estate disputes

“Estrangement explained”: FPA provision ordered following years of family disharmony

The case of McLeod v Napthali [2021] NSWSC 1621 really struck me as I read this brief judgement today. Great thanks and shout out to buddy Clifford Hughes for sharing this one with me (he understands my great love of all things estrangement and disentitling conduct in FPAs!). This is great humanity demonstrated by His…

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Family Values: successful FPA by trans woman, following estrangement & disharmony among family (VIC)

I recently read an interesting media article on a family provision case and had to look further into get to the bottom of it. It involves a case where an adult child made a claim against a father’s estate for further provision having received no provision from the estate under the father’s Will. What was…

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Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

For a while now, it’s been a hazy question asked by succession lawyers alike about whether an attorney can make or renew a binding death benefit nomination for their principal’s superannuation policy proceeds. On 24 August 2018, Justice Bowskill of the Supreme Court of Queensland delivered a decision on this very topic. The case of…

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