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: wills and estates
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.
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…
Murder & Lapse: Construction of gift-over in forfeiture case (Qld)
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…
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…
Fresh & Renew: Construction of an attorney power to ”renew” a BDBN
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…
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…
Exes and Ohs: When family law disputes mixes with estates
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…
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…
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…
100 posts and over 10 years!
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…
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…
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…
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…
New legislative changes for Attorneys and Administrators
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…
Optional Extra: Court held exercise of Option to Purchase not done properly
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…
Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed
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…
Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)
Recently, the case of Saltmer v Rennick Lawyers Pty Ltd [2018] QSC 307 was heard in the Supreme Court of Queensland in Townsville where the Court was called upon to question of costs in a situation where a deceased person’s family member requested a copy of a document held by a Solicitor that the family…