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…
Tag: succession lawyer brisbane
The Rise & Fall of the Gift & Loan Back: Re Permewan – 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: The Rise & Fall of the Gift & Loan Back: Re Permewan In this episode, Caite & Michele discuss: the case of Re Permewan (No 2) [2022] QSC 114…
Super Scott: Superannuation with special guest Scott Hay-Bartlem – 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: Super Scott: Superannuation with special guest Scott Hay-Bartlem In this episode, Caite & Michele: are joined with special guest, Scott Hay-Bartlem, Partner and Superannuation guru at Cooper Grace Ward…
Be Wary to Vary and Exercise Discretion: Re Owies Family Trust – 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: Be Wary to Vary and Exercise Discretion: Re Owies Family Trust In this episode, Caite & Michele discuss: The family trust case of Re Owies Family Trust [2020] VSC…
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…
“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…
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…
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…
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…
Seeing is believing?: Will not seen by, or read to, deceased, upheld (VIC)
This week has found me reading lots of different and interesting cases and I can barely keep up! However, I was really interested to read this case and, whilst I appreciate my amazing subscribers are being bombarded with emails, I just had to post about it. Last week, the Victorian Court of Appeal was called…
Decision Impossible: FPA by disabled son against widow, forcing sale of family home in notional estate (NSW)
Recently, the NSW Supreme Court determined a very difficult family provision application by an adult son, in circumstances where the adult son was otherwise healthy when the deceased passed away, but subsequently suffered significant health issues following his father’s death. Further, the only available assets for such a family provision claim were via notional estate….
Screen Test: Court of Appeal prefers lawyer’s evidence over medical on testamentary capacity (NSW)
Capacity is quite the minefield. Any practitioner that works within this field, may very well agree with me. I would even hazard a guess and go as far as to say that perhaps even medical practitioners may also share the same view. Recently, in the case of Drivas v Jakopovic [2019] NSWCA 218, the New…
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…
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…