Bringing the nerd to The Heir Waves

I cannot begin a post without acknowledging my absence and offering my apologies for depriving you of the nerdiness of recent case developments. If it’s any consolation, I have a healthy list of cases that I have every intention of writing up about. However, I will also say in my defence that I have been…

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…

This is one Happy [succession nerd] Lawyer here!

I am so proud to share with you all that this little introverted succession nerd was asked to be interviewed by the amazing Clarissa Rayward, the Happy Family Lawyer, Creator, Author and Podcaster at Happy Lawyer Happy Life. Clarissa has been celebrating lawyers of all varieties, specialties and backgrounds for 4 years now, including even…

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…

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…

Changes to decisionmaker laws to commence soon (QLD)

You might recall that last year I wrote a post on new changes to laws for attorneys and administrators following the passing of the Guardianship and Administration and Other Legislation Amendment Act 2019. With the craziness that we now call COVID-19, the implementation of these changes that was scheduled for 30 March 2020 was postponed…

Criminally unkind: ACT passes elder abuse legislation

On 20 August 2020, the Australian Capital Territory passed legislation criminalising acts of abuse of vulnerable people. The term ‘elder abuse’, for many, is a problematic term as it suggests it is only an abuse that only affects elders, when the truth of it is, it affects those that are vulernable. The new legislation acknowledges…

Today is the first day of my last week in legal practice

Today is the first day of my last week in legal practice. And, I’ve got to say, so far, it’s a roller coaster of emotions! Soon, I will be swapping my practice poncho for a research robe after being offered a scholarship to do my Doctorate with the Queensland University of Technology’s Australian Centre for…

Facebook Friends

For those that prefer the company of the Facebook platform, I have, today, created a page for all my succession nerd ramblings. I’ve recently found that the Facebook platform to have developed in to quite a good platform to follow people and even, where appropriate, interact and engage with people via their page. I also…

Pandemic or Prejudice: FPA hearing vacated amid COVID-19 (ACT)

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…

Conduct that disentitles: son’s application for FPA fails (QLD)

When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…