The Heir Waves

• 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] QDC 44 and Cooper v Atkin [2021] NSWCA 82 - both, at least at face value, make reference to conduct of the parties in the disputes.

In this chat, we talk about:

• The relevance of conduct allegations in family provision


• The importance of credibility of parties in a dispute


• The tests for family provision matters generally


• The need to weigh all elements of the family provision test on a case-by-case basis


• A warning about catchwords!

You can (and should!) read the full cases here and here.

Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected].

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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.