The Heir Waves Caite Brewer & Michele Davis

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!

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.

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.
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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.
 

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.

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

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.