The Heir Waves

Sep 11 2024 16 ep. 36 mins 7

The Heir Waves Podcast artwork

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

Business Education

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Beneficiary Impact: Discussing the new s61B under the Powers of Attorney Act.

Sep 11 2024 38 mins

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 the charge by going through a fairly recent matter they were involve

Grants For Purpose: Limited and Special Grants in Estates

Jun 05 2024 51 mins

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

May 25 2024 44 mins

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

Dec 17 2023 38 mins

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 o

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

Nov 19 2023 19 mins

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.

Exes and Ohs: When family law disputes mixes with estates

Aug 09 2023 32 mins

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

Chalk It Up To Culture: Cultural considerations with Leila Chalk

Jun 08 2023 66 mins

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.

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

Mar 05 2023 67 mins

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

Total Eclipse of the Testamentary Trust with Tara Lucke

Feb 16 2023 60 mins

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 g

Embracing the Early Inheritance in family provision

Jan 22 2023 22 mins

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 episo