Hello, and welcome. This blog is my creative archive where I: To help you navigate around, here’s what you’ll find here: 📚 law & professionalism – Case notes and legal commentary on all things succession law and the legal profession, and anything else that comes across my email and tickles my intellectual fancy. ✨ scholarship…
The stoic lawyer: setting boundaries without losing yourself
Boundaries in the legal profession are strange things. We talk about them often, yet they’re rarely taught, and even more rarely practiced with intention. Most of us learn them the hard way—through exhaustion, resentment, or that slow internal drift where the work begins to swallow entire pieces of your life. And, then, of course, burnout….
The stoic lawyer: how Stoicism keeps me going
Legal practice is so often framed around competence, precision, and technical mastery—but anyone who has actually lived this work knows that the emotional terrain is just as demanding. The emails that land too late, the conversations that turn sharper than expected, the weight of other people’s crises sitting in your inbox. Ooh golly, that can…
Legally Gone: Leave to swear death and declaration of death
In this episode, Caite & Michele talk through a not-so-common but ever-so-interesting element of succession law; leave to swear death and declarations of death. In this chat, we talk about: You can (and should!) read the full cases. Have a question or want to submit a case for discussion, send Caite & Michele an email…
Fiduciary Fallout: Court removal of executors in estates
In this episode, Caite & Michele delve into the world of removing executors from administering an estate! Michele shares with us two cases that demonstrate removal situations, but in different circumstances. In this chat, we talk about: You can (and should!) read the full cases. Have a question or want to submit a case for…
On The Heir Waves: Beneficiary Impact: Discussing the new s61B of the Powers of Attorney Act (Qld)
In this episode, Caite & Michele are joined by Brisbane Barrister, Dr Pip Coore, to talk through the relatively new provisions in the Powers of Attorney Act 1998 (Qld) (‘The Act’) that deal with the effect of a beneficiary’s interest in a Will where the property dealt with by the attorney. Caite & Pip lead…
Bedside Benefits: Informal documents upheld under s18 application (Qld)
The importance of changes in one’s circumstances and the need to update estate planning documents is no clearer than when you read a case such as this one.
In a recent case of Selig v Selig [2024] QSC 189, the Court determined an application by the children of a deceased parent who had left a formal Will, but also documents entitled “My Wishes” and a “Nomination of Beneficiaries Form” that formed the basis of the children’s claim as an informal Will.
Charitable Construction: Court considers philanthropic intentions in Will (Qld)
With the best of intentions, charitable giving in a Will can sometimes present challenges. In the case of Perpetual Trustee Company v The Corporation of the Synod of Diocese of Brisbane [2024] QSC 163, the Court was required to give guidance on how to interpret a charitable gift in the present day circumstances presented.
Grants For Purpose: Limited and Special Grants in Estates
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!
Conduct & Caution: Highlighting the relevance of conduct allegations in FPAs
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.
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…
Presuming Capacity in EPAs: ‘nature and effect’ and regaining capacity (Qld)
Following on from my earlier posts on powers of attorneys, it seems a little poetic, shall we say, that a further case involving attorneys became known to me! Big thanks to my friend and co-host of The Heir Waves podcast Caite Brewer who brought this case to my attention. The case of Lambourne and Ors…
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…
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. Litigators and planners both love them, but for very, very different reasons. In fact, it was a topic of conversation between Caite and I on The Heir Waves podcast here. In the case of Hartley…
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….