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.
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.
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 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…
Well, goodness gracious me. It appears I have hit 100 posts! Can you believe that?! It’s a little bit of happenstance that I am getting my blogging mojo back as I happen to hit the big one oh oh. I am truly grateful for those who have stopped by here and provided so much encouragement…
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…
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…
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…
I sincerely hope this reaches my readers, followers, and passers-by in a situation where they are safe and well during this tumultuous time in the world! For those in litigation, your practice is changing daily as we wait (and wait) for certainty (if it is ever arrives!); and those hearings aren’t going anywhere.. or are…
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…
The recent case of Campbell & Anor v T.L. Clacher No. 2 Pty LTd & Ors [2019] QSC 218 dealt with a application by two daughters as against the trustee of their family trust, the trustee of their sisters family trust and their father in respect of transactions that occurred between the parties following very…
While no person expects, nor wishes, to experience a lack of capacity, the very real fact of life is that they may. Incapacity can be long term or short term and can impact everyone quite differently. The question of someone’s capacity to understand the nature and the effect of something is fraught with difficulty mainly…
Will making is sometimes pretty complex work. The plan will always be unique to a person’s wishes and the personal circumstances. Every so often, I receive instructions from clients to include an ‘option’ for one of their family or friends to purchase their property. Usually, this is because they’re trying to balance at least two…
There is certainly no question that superannuation is a complex beast. Add to that the self-managed superannuation fund (SMSF) variety and it will keep you busy, with it’s complex twists and turns, for days. I read a case recently that is no different. A shout-out to a fellow nerd, Clifford Hughes, for bringing this case…
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…
