Michele Davis

Be curious… the cat will be fine

You know some of the most interesting and insightful things I learn come from the oddest of places. It also comes from being curious. Asking questions. Listening to others. I read the book called “How to Win Friends and Influence People” by Dale Carnegie. If you haven’t read it yet, I highly recommend it. In…

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…

The best version of yourself

I love anecdotes, quotes and old sayings. I also like bright things that spark light and happiness. We’re in the business of people. People are our business. So, it is a natural progression that human qualities and attributes are at the heart of what we do, day in day out, but also at the heart…

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…

The thing about job titles

… is that it’s just a title. Job titles do not describe the work that you’re actually doing and what value it has to you and your development. Take the title “Administrator”. I’m not necessarily speaking of an Administrator in the legal industry, but any type of industry. What is an Administrator? Do they “administer” stuff? What…

Beginning

Here appears a number of blog posts devoted to a few things that mean something to me. Passion. Positivity. Perseverance. …all within the realms of your legal career. As a [woman] lawyer working within what can sometimes be a very difficult industry, these things have been challenging to understand and achieve. In typical lawyer fashion, here’s the…

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…

Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

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…

Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

It appears to be raining estate and trust law cases from the High Court of Australia over the last two weeks. Yesterday, the High Court of Australia ordered a new trial be held in relation to solemn form probate proceedings in Nobarani v Mariconte [2018] HCA 36 on the basis that the appellant as denied…

Sorry, Frank, it’s over: High Court clarifies position on streaming franking credits to trust beneficiaries

As I begin this post, I acknowledge wholeheartedly that this topic might surprise my collection of followers. While, yes, it is indeed a case review, it is focused on a different arm of succession law practice: trusts generally and *cough*taxation of trusts*cough*. As I witness the evolution of estate law before my eyes, I can’t…

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…

What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

Last week, the Supreme Court of New South Wales published a judgement in a estate matter where the question of whether a Will was “made in contemplation of marriage” was a central focus of their attention. In the case of Re Estate Grant, deceased [2018] NSWSC 1031, the deceased made a Will dated on about…

FPA 7 years out of time: Allowed on Appeal (WA)

In an unusual case published a few weeks ago, the Western Australian Court of Appeal allowed an extension of time for an adult son to bring a claim against his late father’s estate 7 years after the time limit expired. The claim was dismissed at first instance and the adult son appealed asserting 9 different…

“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)

Earlier this year, I was surprised to read a judgement where a former spouse successfully claimed for further provision from her former husband’s estate notwithstanding the pair had completed a property settlement 25 years prior. You can read my earlier post here. It may come as no surprise that the matter was appealed to the…

Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

Sadly, it’s not often I read of a case where the applicant/plaintiff’s endeavours lack self-interest. Given the nature of estate litigation, generally in a good portion of the cases, self-interest takes a front seat. Of course, that doesn’t mean to say that it is greed or something sinister that drives a person to take…

The Unsent Text Message Will: Is it really that simple? No – it’s really not! (QLD)

It’s likely been in your news feed recently that an unsent text message was held by a Queensland Court to be a valid Will. It may seem quite unbelievable to some that this would even happen! On the other hand, maybe it doesn’t? Reviewing the comments that appear in many of the media articles online…

Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)

In case it’s not already evident to my readers, I have a particular interest in family provision cases that touch on disentitling conduct or estrangement. So, it’s no surprise this recent case in the Supreme Court of NSW caught my eye yesterday where a family provision application by an adult child, who was excluded from…

“Probable intention”: Novel rectification case in ACT

Recently the Supreme Court in the ACT was called to determine a question of the interpretation of a Will and subsequent amendments made to the Will by the testator on the day he died. In the Estate of Rummer [2017] ACTSC 277, the Plaintiff called upon the Court to determine the true construction of the…

No Will, no way?: Court refuses application for statutory Will in large estate (Qld)

Admittedly, it’s not something that one regularly thinks about, but the issue of incapacitated people making Wills is a topic that achieves much discussion nowadays. Where a person doesn’t have a Will, whether by choice or otherwise, the law provides what I like to call a “back-up plan” or formula, if you will, of how…

Michele Davis

No Undue Influence + Mutual Wills: Appeal dismissed in Birch v Birch case (Qld)

Fractured Relationship: abuse and estrangement in FPA, provision ordered (NSW)

Decision Impossible: FPA by disabled son against widow, forcing sale of family home in notional estate (NSW)

Screen Test: Court of Appeal prefers lawyer’s evidence over medical on testamentary capacity (NSW)

The introverted lawyer

New legislative changes for Attorneys and Administrators

Be curious… the cat will be fine

New legislative changes for Attorneys and Administrators

Optional Extra: Court held exercise of Option to Purchase not done properly

The best version of yourself

Decisions, Decisions: ‘bad faith’ SMSF Trustee discretion decision set aside, Trustee removed

The thing about job titles

Beginning

Catch and Release: Court considers when s33Z applies to a ‘purported’ Will (Qld)

Renewable Power: Court permits Attorney to renew superannuation nomination (QLD)

Missing element: High Court orders new trial in solemn form probate proceedings; denial of procedural fairness

Sorry, Frank, it’s over: High Court clarifies position on streaming franking credits to trust beneficiaries

Wife support: FPA by widow dismissed with costs (NSW)

What is “Contemplation of marriage”: Marriage revokes Will in blended family (NSW)

FPA 7 years out of time: Allowed on Appeal (WA)

“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)

Selfless surrender: defacto partner applies for Statutory Will to benefit mother and sisters (NSW)

The Unsent Text Message Will: Is it really that simple? No – it’s really not! (QLD)

Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)

“Probable intention”: Novel rectification case in ACT

No Will, no way?: Court refuses application for statutory Will in large estate (Qld)