Lost & Found: Making a power of attorney and extent of understanding

In an earlier post, I wrote about the decision of Lambourne v Marrable and, naturally, it was a particularly interesting case to discuss further in a recent episode of The Heir Waves podcast. So, here it is! In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant’s List, and discuss…

Murder & Lapse: Construction of gift-over in forfeiture case (Qld)

In the recent judgement of Savage v Savage [2023] QSC 280 handed down yesterday, the Court was sought to interpret the gift-over provision in a Will of a murdered father. By way of background, the deceased died on 17 July 2000, having been murdered by his daughter, who was later convicted of that crime. The…

Fresh & Renew: Construction of an attorney power to ”renew” a BDBN

In this episode, Michele (with a side of Caite!) guides us through: Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com. Don’t forget to subscribe for all the latest episodes! See you next time on The Heir Waves. ** IMPORTANT NOTICE ** The information provided in…

Refresh Anew: Superannuation BDBN by Attorney upheld (QLD)

In a recent Queensland case, the topic of attorney’s handling a principal’s superannuation matters was, again, front and center. In Re Rentis Pty Ltd [2023] QSC 252, the Court was asked to determine whether a nomination by a duly appointed attorney of an incapacitated principal was valid. You may recall my earlier post on the…

Exes and Ohs: When family law disputes mixes with estates

In this episode, Caite (with a side of Michele!) guides us through: Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com. Don’t forget to subscribe for all the latest episodes! See you next time on The Heir Waves. ** IMPORTANT NOTICE **The information provided in this…

Chalk It Up To Culture: Cultural considerations with Leila Chalk

In the latest episode on The Heir Waves, Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four Degrees Legal and guides us through: For those interested in getting in touch with Leila and talking more about this incredibly valuable topic, you can find Leila here: www.fortyfourdegrees.com.au Have a question or want to submit a case for…

Embracing the Early Inheritance in family provision – 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: Embracing the Early Inheritance in family provision In this episode, Caite & Michele discuss: With increasing levels of inter-generational wealth transfer happening, this is an episode (and…

Super Settled: High Court confirmation that Reg 6.17A SIS don’t apply to SMSFs

The long embattled question of whether Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (“SISR”) applies to SMSFs has finally been answered. For those playing at home, Reg 6.17A of the SISR sets out the standards of which regulated super funds are to pay a member’s superannuation benefits out when they pass away….

100 posts and over 10 years!

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…

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…

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…