The Heir Waves

By Caite Brewer & Michele Davis

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... more

Download on the App Store

Download on the App Store

Get it on Google Play

FAQs about The Heir Waves:

How many episodes does The Heir Waves have?

The podcast currently has 17 episodes available.

The Heir Waves episodes:

January 23, 2023Embracing 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].
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.
...more
23min
July 29, 2022The 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].
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.
...more
21min
May 11, 2022Super 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].
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.
...more
33min
May 04, 2022Be 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].
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.
...more
28min
April 10, 2022Freedom 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].
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.
...more
39min
March 12, 2022To 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].
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.
...more
30min
February 21, 2022 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.
...more
2min

FAQs about The Heir Waves:

How many episodes does The Heir Waves have?

The podcast currently has 17 episodes available.