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…
Author: Michele Davis
succession nerd . lawyer . mediator . educator . creator . writer
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…
“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…
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…
Audio-Visually signed COVID Will admitted to Probate via s18 Application (QLD)
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…
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…
Elder Abuse = Disentitling Conduct: FPA by adult daughter dismissed with costs
It is no surprise to any of my colleagues in the succession world that this topic is of great interest to me. So, you can imagine my interest when I found this case. A few days ago, the New South Wales Supreme Court determined a matter that involved a family provision claim by an adult…
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…
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…
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…
New audio-visual witnessing for Wills and Enduring Documents in QLD amid COVID-19
New regulations for Wills and EPAs made by Qld Government amid COVID-19
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…
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…
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…
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…