Episodes
Monday Dec 18, 2023
Lost & Found: Making a power of attorney and extent of understanding
Monday Dec 18, 2023
Monday Dec 18, 2023
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 under the new s111A Power of Attorney Act 1998 (Qld)
The risk of personal liability for attorneys acting when capacity is in question (or indeed the regaining of capacity!)
Key take aways for practitioners making/revoking EPAs and/or advising attorneys
You can (and should!) read the full case here.
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 podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.
Monday Nov 20, 2023
Fresh & Renew: Construction of an attorney power to ”renew” a BDBN
Monday Nov 20, 2023
Monday Nov 20, 2023
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 all the latest episodes!
See you next time on The Heir Waves.
** IMPORTANT NOTICE **
The information provided in this podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.
Thursday Aug 10, 2023
Exes and Ohs: When family law disputes mixes with estates
Thursday Aug 10, 2023
Thursday Aug 10, 2023
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 to subscribe for all the latest episodes!
See you next time on The Heir Waves.
** IMPORTANT NOTICE **
The information provided in this podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.
Friday Jun 09, 2023
Chalk It Up To Culture: Cultural considerations with Leila Chalk
Friday Jun 09, 2023
Friday Jun 09, 2023
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 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 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 podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.
Monday Mar 06, 2023
Taxable Testation; the Basics of Tax in Estates with Ian Raspin
Monday Mar 06, 2023
Monday Mar 06, 2023
In this episode, Caite & Michele are joined by the amazing Ian Raspin, estate and trust tax specialist and Managing Director of BNR Partners and discuss some of the basic principles relating to:
how income tax works in estates and trusts
what you need to know Capital Gains Tax and deceased estates
superannuation and tax issues
personal liabilities of legal personal representatives in dealing with tax in estates
issues relating to foreign residents
tax and charitable beneficiaries.
For those interested in getting in touch with Ian and talking more tax (!), you can find Ian here: www.bnrpartners.com.au
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 podcast is not to be construed as legal, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.
Friday Feb 17, 2023
Total Eclipse of the Testamentary Trust with Tara Lucke
Friday Feb 17, 2023
Friday Feb 17, 2023
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 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 podcast is not to be construed as legal advice under any circumstances. The information provided is of a general nature. If you require help with a legal matter, contact your lawyer and obtain advice for your specific circumstances.
Monday Jan 23, 2023
Embracing the Early Inheritance in family provision
Monday Jan 23, 2023
Monday Jan 23, 2023
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 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 podcast is not to be construed as legal advice under any circumstances. The information provided is of a general nature. If you require help with a legal matter, contact your lawyer and obtain advice for your specific circumstances.
Friday Jul 29, 2022
The Rise & Fall of the Gift & Loan Back: Re Permewan
Friday Jul 29, 2022
Friday Jul 29, 2022
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 Waves.
** IMPORTANT NOTICE **
The information provided in this podcast is not to be construed as legal advice under any circumstances. The information provided is of a general nature. If you require help with a legal matter, contact your lawyer and obtain advice for your specific circumstances.
Wednesday May 11, 2022
Super Scott: Superannuation with special guest Scott Hay-Bartlem
Wednesday May 11, 2022
Wednesday May 11, 2022
In this episode, Caite & Michele:
are joined with special guest, Scott Hay-Bartlem, Partner and Superannuation guru at Cooper Grace Ward Lawyers. Find out more about Scott here.
discuss all things superannuation with Scott, trustee discretion, binding nominations and the importance of superannuation strategy in planning
discuss the recent cases of Re Marsella; Marsella v Wareham [No 2] 2019 VSC 6 (as mentioned in Episode 2) and Ioppolo and Hesford v Conti [2013] WASC 389.
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 podcast is not to be construed as legal advice under any circumstances. The information provided is of a general nature. If you require help with a legal matter, contact your lawyer and obtain advice for your specific circumstances.
Wednesday May 04, 2022
Be Wary to Vary and Exercise Discretion: Re Owies Family Trust
Wednesday May 04, 2022
Wednesday May 04, 2022
In this episode, Caite & Michele discuss:
The family trust case of Re Owies Family Trust [2020] VSC 716
Where the power to vary a trust was not sufficient to amend the description of the "Guardian and Appointor" of the trust
Where the trustee was found not to have acted with 'real and genuine' consideration of potential beneficiaries of the family trust in relation to income distributions
What's coming up in our next episode and a heads up on a little surprise we have coming up!.
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 podcast is not to be construed as legal advice under any circumstances. The information provided is of a general nature. If you require help with a legal matter, contact your lawyer and obtain advice for your specific circumstances.