13 episodes

Join well respected and expert Australian succession lawyers Caite Brewer and Michele Davis as they discuss the latest succession, wills, estates and trust cases from around Australia.

The Heir Waves Caite Brewer & Michele Davis

    • Business

Join well respected and expert Australian succession lawyers Caite Brewer and Michele Davis as they discuss the latest succession, wills, estates and trust cases from around Australia.

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

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

    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.
     

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

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

    A case update of Re Rentis Pty Ltd [2023] QSC 252 where an attorney made a binding death benefit nomination for a self-managed superannuation fund and construction of the word ”renew” in the express authority in the Enduring Power of Attorney.

    • 19 min
    Exes and Ohs: When family law disputes mixes with estates

    Exes and Ohs: When family law disputes mixes with estates

    What happens when a party dies or loses capacity in family law proceedings? In this episode, Caite guides us through this question!

    • 32 min
    Chalk It Up To Culture: Cultural considerations with Leila Chalk

    Chalk It Up To Culture: Cultural considerations with Leila Chalk

    Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four Degrees Legal and guides us through cultural considerations in estate law for those from muslim and other religious backgrounds.

    • 1 hr 6 min
    Taxable Testation; the Basics of Tax in Estates with Ian Raspin

    Taxable Testation; the Basics of Tax in Estates with Ian Raspin

    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.

    • 1 hr 7 min
    Total Eclipse of the Testamentary Trust with Tara Lucke

    Total Eclipse of the Testamentary Trust with Tara Lucke

    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.

    • 1 hr

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