Episode 14: Grants For Purpose: Limited and Special Grants in Estates
The Heir Waves
by Caite Brewer & Michele Davis
1M ago
In this episode, Caite & Michele delve into the world of limited and special Grants that may be required to administer an estate, along with some example cases! Caite takes us through a number of the limited grants, along with a brief distinction between a Grant of Probate and Grant of Letters of Administration. In this chat, we talk about: the difference between a Grant of Probate and Grant of Letters of Administration; Full Grants, including: Letters of Administration cum testamento annexo (CTA); Letters of Administration de bonis non; Limited Grants, including:  durante minore ..read more
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Conduct & Caution: Highlighting the relevance of conduct allegations in FPAs
The Heir Waves
by Caite Brewer & Michele Davis
1M ago
A note from Michele: I want to offer an apology for the delay in bringing this episode to our amazing audience and supporters. Due to some personal and technical (!) issues of late, this episode was sadly quite delayed in reaching you. I want to thank you kindly for your patience and look forward to publishing our next episode super soon!  In this episode, Caite & Michele work through two cases that involve (at least to some extent) some allegations of disentitling conduct.  But, beware. Not is all as it seems. We work through two family provision cases of Waters v Odell [2023 ..read more
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Freedom of Discretion: Re Marsella and ”real and genuine” consideration
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele discuss: Follow up question from 'Episode 1: To Love and To Loath' The self-managed superannuation case of Re Marsella; Marsella v Wareham [No 2] 2019 VSC 65 - where SMSF trustee was found not to have acted with 'real and genuine' consideration of potential beneficiaries of superannuation and SMSF trustee removed What we've learned [since our last episode] What's coming up in our next episode. 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 t ..read more
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Lost & Found: Making a power of attorney and extent of understanding
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele are joined by a special guest, Dr Pip Coore of Hemmant's List, and discuss the recent decision of Lambourne v Marrable [2023] QSC 219 involving a dispute about the validity of the revocation of older and making of new enduring powers of attorney where a principal lost capacity and subsequently regained it. In this chat, we talk about: The test of understanding the 'nature and effect' of the document, vs the transactions that the EPA permits The need of understanding of the full extent of assets and structures, or lack thereof The presumption of capacity un ..read more
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Fresh & Renew: Construction of an attorney power to ”renew” a BDBN
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Michele (with a side of Caite!) guides us through: the case of Re Rentis Pty Ltd [2023] QSC 252 involving an attorney making a binding death benefit nomination for the principal's self-managed superannuation fund; principles of construction of an express authority to 'renew' a superannuation nomination by an attorney in an Enduring Power of Attorney; practical insights into the importance of drafting in attorney documents. 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 a ..read more
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Exes and Ohs: When family law disputes mixes with estates
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite (with a side of Michele!) guides us through: difference between a common form and solemn form grants and why it's important in this context what happens on the death of a party to proceedings what happens on loss of capacity of a party to proceedings relevant distinctions between state vs family law court jurisdictions (as it relates to family and estate law); practical insights on the cross-over between family disputes and estate law. Have a question or want to submit a case for discussion, send Caite & Michele an email at hello@theheirwaves.com. Don't forget ..read more
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Chalk It Up To Culture: Cultural considerations with Leila Chalk
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four Degrees Legal and guides us through: basic explanation of culturally significant terms in estate work explanations of relevant muslim and islamic terminology common issues found in estate planning  beneficial interests under islamic inheritance laws practitioner tips and advice for respectfully managing religious and cultural considerations in estate work common misconceptions when assisting clients of religions or cultures. For those interested in getting in touch with ..read more
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Total Eclipse of the Testamentary Trust with Tara Lucke
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele are joined by the lovely Tara Lucke of The Art of Estate Planning and discuss: the basics testamentary trusts and what they are (and aren't!) the pros of using testamentary trusts the cons of using testamentary trusts some key things to consider in using testamentary trusts helping clients understand these strategies For those interested in Tara's group of her TT Precedents Club, see the links below: The Art of Estate Planning The TT Precedents Club Everything Tara! Have a question or want to submit a case for discussion, send Caite & Michele an ema ..read more
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Embracing the Early Inheritance in family provision
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele discuss: the case of Bassett v Bassett [2021] NSWCA 320 early inheritance in family provision claims the importance of drafting and terms managing applicants with strong financial positions With increasing levels of inter-generational wealth tr.ansfer happening, this is an episode (and case!) not to be missed. Other decisions mentioned in this episode are: first instance decision regarding family provision, estoppel and cross-claim: Bassett v Cameron [2021] NSWSC 207 costs decision: Bassett v Cameron (No 2) [2021] NSWSC 419 Have a question or want to su ..read more
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The Rise & Fall of the Gift & Loan Back: Re Permewan
The Heir Waves
by Caite Brewer & Michele Davis
3M ago
In this episode, Caite & Michele discuss: the case of Re Permewan (No 2) [2022] QSC 114 gift and loan back strategies being used in estate planning trying to thwart family provision claims using gift and loan back transactions briefly the case of Re Permewan [2021] QSC 1251 sham transactions promissory notes public policy reasons importance of the circumstances of each case. 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 Wa ..read more
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