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The Heir Waves episodes
- 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 [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 8 min - 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 [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 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 1 min - Embracing the Early Inheritance in family provision
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 episode are:
- first instance decision regarding family provision, estoppel and cross-claim: Bassett v Cameron [2021] NSWSC 207
- costs decision: Bassett v Cameron (No 2) [2021] NSWSC 419
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 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.
23 min - The Rise & Fall of the Gift & Loan Back: Re Permewan
In this episode, Caite & Michele discuss:
- the case of Re Permewan (No 2) [2022] QSC 114
- gift and loan back strategies being used in estate planning
- trying to thwart family provision claims using gift and loan back transactions
- briefly the case of Re Permewan [2021] QSC 1251
- sham transactions
- promissory notes
- public policy reasons
- importance of the circumstances of each case.
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 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.
21 min - Super Scott: Superannuation with special guest Scott Hay-Bartlem
In this episode, Caite & Michele:
- are joined with special guest, Scott Hay-Bartlem, Partner and Superannuation guru at Cooper Grace Ward Lawyers. Find out more about Scott here.
- discuss all things superannuation with Scott, trustee discretion, binding nominations and the importance of superannuation strategy in planning
- discuss the recent cases of Re Marsella; Marsella v Wareham [No 2] 2019 VSC 6 (as mentioned in Episode 2) and Ioppolo and Hesford v Conti [2013] WASC 389.
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 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.
33 min - Be Wary to Vary and Exercise Discretion: Re Owies Family Trust
In this episode, Caite & Michele discuss:
- The family trust case of Re Owies Family Trust [2020] VSC 716
- Where the power to vary a trust was not sufficient to amend the description of the "Guardian and Appointor" of the trust
- Where the trustee was found not to have acted with 'real and genuine' consideration of potential beneficiaries of the family trust in relation to income distributions
- What's coming up in our next episode and a heads up on a little surprise we have coming up!.
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 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.
28 min - Freedom of Discretion: Re Marsella and ”real and genuine” consideration
In this episode, Caite & Michele discuss:
- Follow up question from 'Episode 1: To Love and To Loath'
- The self-managed superannuation case of Re Marsella; Marsella v Wareham [No 2] 2019 VSC 65 - where SMSF trustee was found not to have acted with 'real and genuine' consideration of potential beneficiaries of superannuation and SMSF trustee removed
- What we've learned [since our last episode]
- What's coming up in our next episode.
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 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.
39 min - To love and to loath: Cases on mutual wills and disentitling conduct
In this episode, Caite & Michele discuss:
- the mutual wills case of Forster v Forster [2022] QSC 30
- the family provision case (including disentitling conduct allegations) of Hartley v Hartley [2021] QDC 323
- managing expectations of potential beneficiaries to mutual wills agreements
- the efficacy of statutory declarations of reasons by a testator
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 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.
30 min - Introduction to The Heir Waves Podcas
Join well respected and expert Australian succession lawyers Caite Brewer and Michele Davis on The Heir Waves as they discuss the latest succession, wills, estates and trust cases from around Australia.
2 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.