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.
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.
In this episode, Caite & Michele delve into the world of limited and special Grants that may be required to administer an estate, along with some example cases!
In this episode, Caite & Michele work through two cases that involve (at least to some extent) some allegations of disentitling conduct. But, beware. Not is all as it seems.
In the recent judgement of Savage v Savage [2023] QSC 280 handed down yesterday, the Court was sought to interpret the gift-over provision in a Will of a murdered father. By way of background, the deceased died on 17 July 2000, having been murdered by his daughter, who was later convicted of that crime. The…
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…
In this episode, Michele (with a side of Caite!) guides us through: Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com. Don’t forget to subscribe for all the latest episodes! See you next time on The Heir Waves. ** IMPORTANT NOTICE ** The information provided in…
In this episode, Caite (with a side of Michele!) guides us through: Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com. Don’t forget to subscribe for all the latest episodes! See you next time on The Heir Waves. ** IMPORTANT NOTICE **The information provided in this…
The topic of statutory declarations being used in estate planning has been ongoing and [almost fiercely!] debated among succession lawyers. Litigators and planners both love them, but for very, very different reasons. In fact, it was a topic of conversation between Caite and I on The Heir Waves podcast here. In the case of Hartley…
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…
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….
Whilst this case is a little older than my usual case updates, it is by no means less interesting and, in my humble opinion, important when it comes to considering decisions in family provision matters involving disentitling conduct and estrangement. In the case of Dawson v Joyner [2011] QSC 385, the deceased was survived by…
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…
I regularly research for my PhD and, lets be honest, for nerdy interest, for cases involving disentitling conduct. I recently spoke about this case on The Heir Waves podcast (Episode 1, to be exact) about the decisions of Hartley. I wanted to also post about it here for some further detail as I think the…
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…
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…
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…
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…
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…
A little update from me. I hope everyone is fairing as well as can be in the pandemic and everything that it has touched over these past 2 years. I wanted to write a slightly different blog post today. The first thing I want to do is apologise to anyone who frequents my blog for…
