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.
Tag: family provision
Grants For Purpose: Limited and Special Grants in Estates
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!
Conduct & Caution: Highlighting the relevance of conduct allegations in FPAs
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.
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…
Disentitling Declarations: statutory declaration about conduct, provision ordered in FPA (Qld)
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…
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….
Cut of the Cattle: FPA dismissed after lengthy estrangement between rural family
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…
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…
Addiction & Conduct: FPA applicant receives legacy following tumultuous childhood (QLD)
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…
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…
“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…
Left out of Struggle Street; Right onto Found Freeway
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…
Executors behaving badly: Successful removal and IA appointed (QLD)
Getting an executor removed for undesirable behaviour can be quite the challenge in practice. Many elements are part of the equation including the conduct of the parties, the nature of the estate, the steps required to be taken to finalise the estate and the cost of appointing someone separately to administer the estate. Normally, the…
Leave ’em a loan: Liability to pay mortgage left with joint tenant
The liability of a mortgage is probably one of the most significant liabilities a couple will share. Whilst many times it’s a fairly equal distribution of that liability when everything is held jointly, it’s not always the case in circumstances of second/later relationships or a singular income earner and home maker. The recent decision of…
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…
Decision Impossible, Part 2: Appeal against disabled son’s FPA dismissed, with costs
Near the end of last year, I wrote a post about an FPA by a disabled son where provision was ordered in favour of that son to the detriment of the surviving widow of the deceased. This was, I feel, aptly described in the title as “Decision Impossible” as the effect of the order was…
Fractured Relationship: abuse and estrangement in FPA, provision ordered (NSW)
In the first post of this year, it seems fitting to write on the topic of disentitling conduct and estrangement, given my research interests in this space. Sadly, late last year saw the NSW Supreme Court determine a family provision application by a son against his father’s estate in what was clearly a very difficult…
Decision Impossible: FPA by disabled son against widow, forcing sale of family home in notional estate (NSW)
Recently, the NSW Supreme Court determined a very difficult family provision application by an adult son, in circumstances where the adult son was otherwise healthy when the deceased passed away, but subsequently suffered significant health issues following his father’s death. Further, the only available assets for such a family provision claim were via notional estate….
Wife support: FPA by widow dismissed with costs (NSW)
It is a suggestion that arises throughout many estate disputes that the claim of a widow on an estate should be paramount to those of other family member who survive the deceased person. However, as each case is determined on it’s merits, this is not always the case. Yesterday, the Supreme Court of New South Wales…