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Murder & Lapse: Construction of gift-over in forfeiture case (Qld)
Read More: 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.
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Presuming Capacity in EPAs: ‘nature and effect’ and regaining capacity (Qld)
Read More: Presuming Capacity in EPAs: ‘nature and effect’ and regaining capacity (Qld)The case of Lambourne and Ors v Marrable and Ors [2023] QSC 219 involved a lengthy and robust consideration of issues of the presumption of capacity and the making and revocation of enduring powers of attorney (EPA). This case also considered the new s6C capacity principles and s111A set out in the fairly recent amendments…
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Fresh & Renew: Construction of an attorney power to ”renew” a BDBN
Read More: Fresh & Renew: Construction of an attorney power to ”renew” a BDBNIn this episode, Michele (with a side of Caite!) guides us through: Have a question or want to submit a…
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Refresh Anew: Superannuation BDBN by Attorney upheld (QLD)
Read More: 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.
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Exes and Ohs: When family law disputes mixes with estates
Read More: Exes and Ohs: When family law disputes mixes with estatesIn this episode, Caite (with a side of Michele!) guides us through: Have a question or want to submit a…
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Chalk It Up To Culture: Cultural considerations with Leila Chalk
Read More: Chalk It Up To Culture: Cultural considerations with Leila ChalkIn the latest episode on The Heir Waves, Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four…
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Disentitling Declarations: statutory declaration about conduct, provision ordered in FPA (Qld)
Read More: Disentitling Declarations: statutory declaration about conduct, provision ordered in FPA (Qld)The topic of statutory declarations being used in estate planning has been ongoing and [almost fiercely!] debated among succession lawyers.…
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Embracing the Early Inheritance in family provision – on The Heir Waves
Read More: Embracing the Early Inheritance in family provision – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting…
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Super Settled: High Court confirmation that Reg 6.17A SIS don’t apply to SMSFs
Read More: Super Settled: High Court confirmation that Reg 6.17A SIS don’t apply to SMSFsThe long embattled question of whether Regulation 6.17A of the Superannuation Industry (Supervision) Regulations 1994 (Cth) (“SISR”) applies to SMSFs…
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Cut of the Cattle: FPA dismissed after lengthy estrangement between rural family
Read More: Cut of the Cattle: FPA dismissed after lengthy estrangement between rural familyWhilst this case is a little older than my usual case updates, it is by no means less interesting and,…
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100 posts and over 10 years!
Read More: 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…
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The Rise & Fall of the Gift & Loan Back: Re Permewan – on The Heir Waves
Read More: The Rise & Fall of the Gift & Loan Back: Re Permewan – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting…
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Addiction & Conduct: FPA applicant receives legacy following tumultuous childhood (QLD)
Read More: Addiction & Conduct: FPA applicant receives legacy following tumultuous childhood (QLD)I regularly research for my PhD and, lets be honest, for nerdy interest, for cases involving disentitling conduct. I recently…
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Super Scott: Superannuation with special guest Scott Hay-Bartlem – on The Heir Waves
Read More: Super Scott: Superannuation with special guest Scott Hay-Bartlem – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting…
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Be Wary to Vary and Exercise Discretion: Re Owies Family Trust – on The Heir Waves
Read More: Be Wary to Vary and Exercise Discretion: Re Owies Family Trust – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting…
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Re Marsella and genuine and real consideration – on The Heir Waves
Read More: Re Marsella and genuine and real consideration – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some more interesting…
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Mutual wills & disentitling conduct – on The Heir Waves
Read More: Mutual wills & disentitling conduct – on The Heir WavesIn the latest episode of my new podcast called The Heir Waves, Caite Brewer and I discussed some interesting cases,…
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Bringing the nerd to The Heir Waves
Read More: Bringing the nerd to The Heir WavesI cannot begin a post without acknowledging my absence and offering my apologies for depriving you of the nerdiness of…
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“Estrangement explained”: FPA provision ordered following years of family disharmony
Read More: “Estrangement explained”: FPA provision ordered following years of family disharmonyThe case of McLeod v Napthali [2021] NSWSC 1621 really struck me as I read this brief judgement today. Great…
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Left out of Struggle Street; Right onto Found Freeway
Read More: Left out of Struggle Street; Right onto Found FreewayA little update from me. I hope everyone is fairing as well as can be in the pandemic and everything…
