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The Heir Waves episodes
- 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:
- when leave to swear death is required
- where a declaration of death is required
- the differences between leave to swear death and declaration of death
- evidence required for applications
- jurisdiction of the court for different applications
- the case of Re Bennett [2006] QSC 250
- the case of Re Parker [1995] 2 Qd R 617.
You can (and should!) read the full cases.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
22 min - 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:
- the case of Re McClelland [2018] QSC 124
- the case of Dore v Cairns (No 2) [2022] QSC 278
- circusmtances where the Court can or will remove an executor
- service and priority issues in removal cases
- the importance of 'the administration of justice'
- planning perspective of appointment of executors ,who to appoint and why (or why not!)
- relevance of family dynamics
- practical considerations of appointing mulitple executors.
You can (and should!) read the full cases.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
Don’t forget to subscribe for all the latest episodes!
See you next time on The Heir Waves.
24 min - Stranger Danger: Assuming the role of a Litigation Guardian
In this episode, Caite & Michele explore the role of litigation guardians.
In this chat, we talk about:
- unpacking the case of Kerr v Fox [2024] QSC 174
- process of seeking appointment as litigation guardian
- who should be a litigation guardian, and why
- talking through issues of conflicts between litigation parties and the litigation guardian
- costs involved when acting as litigation guardian
- and other key takeaways for pracititoners in matters where there are minors involved, or those without capacity, that need appropriate representation.
As always, you can (and should) read the full case linked here.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
33 min - Beneficiary Impact: Discussing the new s61B under the Powers of Attorney Act.
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 involved in where they discuss:
- The new s61B in the Act
- Statutory exception to ademption
- The insights from the explanatory memorandum to interpret the application of the new section 61B of the Act
- The relevance of the interpretation of the gift, i.e. general or specific gifts and the importance of construction of wills principles and how to apply s61B
- How the difference between the two gifts and impact the application of s61B of the Power of Attorney Act
- The relevance of the timing of a dispute following the commencement of the provision
- Reference to Victorian decisions, Re Moran (2022) VSC 776 and Re Foord (2019) VSC 444
- Importance of considering your estate planning regularly.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
39 min - 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!
Caite takes us through a number of the limited grants, along with a brief distinction between a Grant of Probate and Grant of Letters of Administration.
In this chat, we talk about:
- the difference between a Grant of Probate and Grant of Letters of Administration;
- Full Grants, including:
- Letters of Administration cum testamento annexo (CTA);
- Letters of Administration de bonis non;
- Limited Grants, including:
- durante minore aetate - during infancy;
- durante absentia - during absence;
- during incapacity;
- pendente lite;
- ad colligenda bona;
- ad litem.
Michele then takes us through the two cases of MacDonald v MacDonald [2023] QSC 149, dealing with a pendente lite Grant, and Re Kelly [2022] QSC 117, dealing with an ad colligenda bona Grant.
You can (and should!) read the full cases - they're only 10 and 5 pages respectively!
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
52 min - Conduct & Caution: Highlighting the relevance of conduct allegations in FPAs
- 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] (please note we have a new email address from Jan 2026).
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.
45 min - 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 [email protected] (please note we have a new email address from Jan 2026).
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.
39 min - Fresh & Renew: Construction of an attorney power to ”renew” a BDBN
In this episode, Michele (with a side of Caite!) guides us through:
- the case of Re Rentis Pty Ltd [2023] QSC 252 involving an attorney making a binding death benefit nomination for the principal's self-managed superannuation fund;
- principles of construction of an express authority to 'renew' a superannuation nomination by an attorney in an Enduring Power of Attorney;
- practical insights into the importance of drafting in attorney documents.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
20 min - Exes and Ohs: When family law disputes mixes with estates
In this episode, Caite (with a side of Michele!) guides us through:
- difference between a common form and solemn form grants and why it's important in this context
- what happens on the death of a party to proceedings
- what happens on loss of capacity of a party to proceedings
- relevant distinctions between state vs family law court jurisdictions (as it relates to family and estate law);
- practical insights on the cross-over between family disputes and estate law.
Have a question or want to submit a case for discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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.
33 min - Chalk It Up To Culture: Cultural considerations with Leila Chalk
In this episode, Caite & Michele are joined by the amazing Leila Chalk, Managing Director of Forty Four Degrees Legal and guides us through:
- basic explanation of culturally significant terms in estate work
- explanations of relevant muslim and islamic terminology
- common issues found in estate planning
- beneficial interests under islamic inheritance laws
- practitioner tips and advice for respectfully managing religious and cultural considerations in estate work
- common misconceptions when assisting clients of religions or cultures.
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 discussion, send Caite & Michele an email at [email protected] (please note we have a new email address from Jan 2026).
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
About The Heir Waves
From the publisher's feed
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.