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PODCAST

Just in Case Law

Hear about some of the most interesting Australian legal cases, including deceased estates, forged Wills, financial abuse, divorce and family law disputes, professional and medical negligence, and any other case that has enough drama to be worth discussing. I"m a solicitor specialising in Wills, Estates & Elder Law, so I kinda know what I"m talking about and will try to make it all make sense. This podcast is absolutely not legal advice or a dull legal lecture, but is more a legal soap opera

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All Episodes

00:44:49

ELDER LAW: Lender of last resort

Just in Case Law ·

2024/01/01

Issa v Owens [2023] QSC 4 Hind Issa owned 2 properties: 42 Barak Street Bulleen in Victoria, and 30 Francis Street, Mermaid Waters, Qld. In 2018 she got the shock of her life when she found out that her properties had been mortgaged, the loan payments had defaulted, and the bank was taking her homes. More distressing, it was her son James who she suspected forged her signatures on the loan and mortgage documents. Was there a way for her to get her properties back?

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00:24:35

SUCCESSION: The family you choose

Just in Case Law ·

2023/12/24

Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164 When William Hickey was 16 years old, he suffered a traumatic brain injury and was awarded compensation. He spent most of his life travelling Australian with his parents, who provided him with close supervision and care. After the death of his parents, he would have been left alone but instead was made a member of the Kimber family and became known to them as 'Uncle Bill'. William had made several Wills

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00:25:08

MEDICAL: Right to Refuse

Just in Case Law ·

2023/12/19

WARNING: This case covers disturbing content in relation to end of life and may not be appropriate for all audiences. Hunter and New England Area Health Service v A [2009] NSWSC 761 The common law recognises two relevant but in some cases conflicting interests: A competent adult’s right of autonomy or self–determination: the right to control his or her own body; and The interest of the State in protecting and preserving the lives and health of its citizens. The case we are looking at in this

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00:11:05

SUCCESSION: Evasive Executor

Just in Case Law ·

2023/12/10

Suzanne Dale Smith by her next friend the Public Trustee v Marion Kathryn Partridge as executor of the estate of Thomas Smith [2018] WASC 128 The executor of a deceased estate has a pretty important and powerful position - they are tasked with holding all the assets in the estate, paying the debts, and distributing the estate to the nominated beneficiaries within a reasonable time. But what happens when the executor doesn't do that? This case involved the estate of Thomas Smith and his two

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00:29:27

FAMILY: Grandparents and parental responsibility

Just in Case Law ·

2023/12/05

Harty v Chilton [2021] FamCA 34 What rights does a grandparent have when the parents of the grandchildren are separated or when there are questions about who the grandchildren should live with? In this case there were 3 grandchildren between the ages of 11 and 16 years old. For too long they had been moved about, uprooted time and again, with no settled home they could rely on. The parents had separated and there were concerns about the children's wellbeing if they were to reside with either

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01:05:06

SUCCESSION: Is it worth it?

Just in Case Law ·

2023/11/26

CASE: Poche v Poche [2020] NSWSC 83 This case involves a deceased mother Brenda Poche and her estate worth about $2.3million. Brenda had two children, Adam and Wayne. In her Will, she left Adam 15% of her estate and she left the rest to Wayne. Adam made a family provision application seeking a greater share of the estate. There was a family history of swapping houses, a family business that was taken over by Adam, and legal disputes. But what made this case stand out in the sea of family

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00:19:43

SUCCESSION: Personally Liable

Just in Case Law ·

2023/11/20

Hallani v Hallani [2013] NSWSC 91 A grieving widow appoints her brother-in-law to be her attorney, to authorise him to deal with the administration her late husband’s estate. Using that power, the brother-in-law transfers estate money to Lebanon into the control of his father and away from the rightful beneficiary, the widow. Now the brother-in-law says he can’t get the money back. The widow initiates proceedings against him to hold him personally liable. Can he be liable even though he doesn't

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00:25:18

SUCCESSION: AWOL Executor

Just in Case Law ·

2023/11/13

Jedrzejewska v Sheedy [2023] VSC 511 An executor’s job is to administer a deceased’s person’s estate, including paying the deceased’s debts and distributing the inheritance to the beneficiaries. But what happens if the executor says he’s going to do it… but never does? In this case, the appointed executor published an intention to deal with the estate but then delayed, delayed, delayed. The primary beneficiary had to apply to the Victorian Supreme Court for the executor to be replaced, at

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00:32:35

CRIME: Accident or Murder?

Just in Case Law ·

2023/11/05

On 16 April 2017, Peter Dansie took his then 67-year-old wife Helen out of her nursing home and drove her to Veale Gardens in Adelaide where there are several rock pools. At 6.26pm he called emergency services, stating that Helen's wheelchair had fallen into a pond and she had drowned. He was later charged with his wife's murder. The evidence in this case was largely circumstantial. Was it an accident or was it carefully planned by Peter to free himself from a wife he no longer

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00:29:39

SUCCESSION: Statutory Will (Part 2)

Just in Case Law ·

2023/10/22

Small v Phillips [2019] NSWSC 222 Ready for part 2? In the last episode we covered the initial judgment in which Anthony Small applied for a statutory Will to be made for his incapacitated grandmother, the very wealthy Millie Phillips. The statutory Will would see him receive a large portion of his grandmother's estate on her death. His application was denied. In this episode we move onto the appeal. Did Anthony fare any better?

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00:28:58

SUCCESSION: Statutory Will (Part 1)

Just in Case Law ·

2023/10/16

Re MP’s Statutory Will [2019] NSWSC 331 Millie Phillips was once known as the richest woman in Australia. But by 2019 she was incapacitated, and it looked like she was going to die without a Will. Her entire estate of about $110million would go to her two children and not as she would have wanted. What was to be done? Her grandson applied to the Supreme Court to make a Will for her, a "Statutory Will".

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00:37:26

PROPERTY: Derrilin Drama

Just in Case Law ·

2023/10/08

Eva Joy Ambrus v Lee Ellen Buchanan [2022] NSWSC 1628 Two people own a block of land. One wants to sell, one doesn't. What's to be done? The co-owner who wants to sell can apply to the Court under section 66G of the Conveyancing Act 1919 (NSW) for trustees to be appointed who will then sell the property and divide the proceeds. But what happens if there are 12 co-owners and the one who wants to sell only owns a 1/56th share? That is what happened with Derrilin, a large 120 hectare property

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00:35:56

SUCCESSION: Dead and buried

Just in Case Law ·

2023/09/04

CASE: Smith v Tamworth City Council and Ors [1997] NSWSC 197 This sad case involved a dispute over a grave site and ownership/control of the deceased's remains. On one side of the dispute is the biological parents and on the adoptive parents on the other.

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00:54:23

SUCCESSION: A step-parents duty

Just in Case Law ·

2023/08/27

CASE: Brown v Brown [2022] NSWSC 1393 John was stepfather to David from the time David was 10 years old until he separated from David's mother when David was 23 years old. They still had contact with each other, but it dwindled and by the time of John's death he had not seen or spoken to David in 15 years. John left nothing to David in his Will and David made an application for provision. The question was: Did John have a moral duty to provide for his former stepson?

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00:36:34

SUCCESSION: No, I'm the Attorney

Just in Case Law ·

2023/08/13

Aniela executed a Power of Attorney in March 2004 that appointed her son and grandson. She did a new Power of Attorney in 2006, this time appointing two grandchildren. Only 6 months later, in September 2006 she did her final Power of Attorney appointing her daughter Barbara. Barbara then used that Power of Attorney to take control of the family business. The grandchildren were quick to challenge the last Power of Attorney, claiming that Aniela did not have capacity to make it and that therefore

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00:21:11

SUCCESSION: Advice for Attorneys

Just in Case Law ·

2023/08/06

KOI [2011] TASGAB 7 An attorney - the person you appoint to manage your finances if you ever become incapable of doing it yourself - has a lot of power. Maybe that's why they call it "Power of Attorney"... In this case $175,000 was being held in trust for the benefit of an 81 year old man who didn't have much use for it. His son was his attorney and wanted to give the money to himself and his siblings. The son didn't know if he was authorised to do this as the attorney. So he

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00:50:22

SUCCESSION: Family Contracts and Death

Just in Case Law ·

2023/07/24

Case: Bovaird V Frost [2009] NSWSC 337 Monica and Max are siblings. In 1948, their father Walter died and Max was the executor of the estate. It was only in 2001 that Monica's son Leon discovered that Max had not given Monica her share of the estate. They reached a "gentleman's agreement" that Max would pay for his sister's accommodation and care for the rest of her life and that Max would provide a 10-year interest free loan up to $880,000 for the development and subdivision

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01:06:28

SUCCESSION: You Lose, You Pay

Just in Case Law ·

2023/07/16

Case: Ballam v Ferro (No 2) [2022] NSWSC 1358 10; Ballam v Ferro [2022] NSWSC 1200 One morning in 2012, Rosario Maiorana executed his final will before a priest and a professor in Sicily. He left most of his estate to his surviving daughters Carmelina and Daniela. After Rosario’s death in June 2020, three of his grandchildren launched legal proceedings against the estate. Firstly, they claimed that the Will was executed in suspicious circumstances and that their grandfather did not have capacity to

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00:17:21

SUCCESSION: Domicile

Just in Case Law ·

2023/07/02

In the Estate of Milind Bedake [2015] ACTSC 267 Generally, the laws which you must abide by, or which dictate your affairs are the laws of the place where you live, your domicile. There is a presumption that everyone has a domicile and (generalising even further), unless you are a child, it will be the domicile of your choice. But there are situations where a person’s location may change without it being their choice, and this case is an example of that. Milind Bedake was living in ACT when he

en-au

00:45:44

SUCCESSION: Poisoned Will

Just in Case Law ·

2023/06/25

CASE: Scott v Scott [2021] NSWSC 1619; Scott v Scott [2022] NSWCA 182; Scott v Scott (No 2) [2022] NSWSC 914 Coral Scott executed a new Will two months before her unexpected death. In that Will she made a small provision for two of her children Coralynne and Clifton, but left most of her estate to her daughter Charlene. What had Coralynne and Clifton done to lose their mother's favour? Or was it a question of what Charlene had said they did? THIS IS NOT LEGAL ADVICE.

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145 results

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