Re Marsella and genuine and real consideration – on The Heir Waves

In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting cases in succession law. Have a listen below: Freedom of Discretion: Re Marsella and ”real and genuine” consideration In this episode, Caite & Michele discuss: Follow up question from ‘Episode 1: To Love and To…

Mutual wills & disentitling conduct – on The Heir Waves

In the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some interesting cases, including one that involved mutual wills and another involving, my favourite topic, disentitling conduct. Have a listen below: Title: To love and to loathe: mutual wills and disentitling conduct In this episode, Caite & Michele…

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…

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…

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…

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…

Burden of secrets: Claim for secret trust within an FPA by grandchild (NSW)

Within a family dynamic, particularly as the elderly age and consider their demise, it’s common to hear of conversations being held between family members of “understandings” and benefits that may flow the next generation on the death of the elder. Promises made and, sometimes, others rely on those alleged promises. So what happens where there’s a secret of a…

Worldy Wisdom: Why a pro forma will still ends up in Court

I’m always curious as to any judgement dealing with will kits or proforma wills.  I have every suspicion we will see more of these as the years go on. Recently the Court had to determine what a testator meant in the matter of Rhodes v Rhodes (as Executor of the Estate of Cecil Ronald Rhodes) & Ors…