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PODCAST

The Wills and Estates Transmission

de Groots Wills and Estate Lawyers

The Wills and Estates transmission podcast brought to you by de Groots, specialist Wills and Estate lawyers

business management

All Episodes

00:15:22

Episode 27: Mental Health for Lawyers

The Wills and Estates Transmission ·

2025/10/26

In this episode of the Wills and Transmissions podcast, hostTony speaks with junior lawyer Isabel Ayoub about the critical issue of mental health in the legal profession. They discuss the unique pressures faced by junior lawyers, the importance of support systems, and the need for a positive approach to well-being. Isabel shares insights from her experiences and a recent conference on lawyer well-being, emphasising the need for open conversations about mental health and practical strategies for

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00:26:41

Episode 26: Mitigating Financial Elder Abuse

The Wills and Estates Transmission ·

2025/10/16

In this episode of the Wills and Estate Transmission podcast, Julia Tutt discusses the importance of understanding and properly executing an enduring power of attorney (EPOA) to manage financial affairs during one's lifetime. Julia emphasises that EPOAs are crucial for estate planning, especially with the generational wealth transfer underway in Australia.She advises appointing trustworthy attorneys, preferably more than one to prevent financial elder abuse, and highlights the significance of

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00:13:06

Episode: 25 Capacity and Red Flags to look for With...

The Wills and Estates Transmission ·

2025/09/16

Continuing the series, in this episode, Tony speaks again with John de Groot, Partner at de Groots, about one of the most important—and often misunderstood—topics in estate planning: capacity. Capacity issues are increasingly common as our population ages, and they play a critical role in determining whether wills, enduring powers of attorney, and other estate planning documents are valid. John explains the legal definition of capacity, the “red flags”solicitors need to look out for, and the fine

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00:10:54

Episode 24: AI, the Law & Digital Assets with John de...

The Wills and Estates Transmission ·

2025/09/04

In this episode, we are joined by John de Groot, Partner and Co-Founder at de Groots Wills & Estate Lawyers, to explore the growing impact of artificial intelligence on thelegal profession and estate planning. Key TopicsCovered: AI in LegalPractice – Why relying on AI for court submissions has already caused serious issues, including hallucinated cases and quotes. Court Responses How the NSW Chief Justice now requires affidavits and witness statements to confirm AI was not used. Practical Uses

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00:15:42

Episode 23: The Art of the Bequest

The Wills and Estates Transmission ·

2025/07/30

Tony Skinner and Kate Varcoe discuss the complexities of making bequests, particularly to institutions like the Gallery of Modern Art (GOMA). Kate, a lawyer and future collective member of QAGOMA,explains the different types of bequests, including pecuniary legacies, specific assets, and residue. She emphasises the importance of clear communication with bequest officers to ensure funds are used effectively and correctly. Kate also highlights common issues, such as incorrect beneficiaries or

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00:23:22

Episode 22: Contesting a Will in NSW what you need to...

The Wills and Estates Transmission ·

2025/06/24

In this podcast episode, Tony and Maree Harris discuss theintricacies of contesting a will in New South Wales. They explore the differences between contesting andchallenging a will, the role of the Supreme Court, the steps involved in contesting a will, the evidence required for a claim, and the importance of seeking legal advice early in the process. The conversation emphasises the high likelihood of settlingdisputes through mediation and the significance of understanding one's rights and

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00:23:05

Episode 21: The importance of Advance Health...

The Wills and Estates Transmission ·

2025/04/21

Danielle continues the discussion on the importance of andthe legally binding effect of Advanced Health Directives (AHDs), their role in guiding healthcare decisions, family disputes and the conditions under which they take effect. An AHD must be witnessed by a justice of the peace orsimilar to be valid. It can include refusals of life-sustaining treatments underspecific conditions, such as terminal illness or persistent vegetative state. The AHD should be stored securely and shared with

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00:14:25

Episode 20: The importance of Advance Health...

The Wills and Estates Transmission ·

2025/04/13

Danielle from de Groots Wills and Estates Lawyers explains the importance of Advance Health Directives (AHDs) in Australia, which allow individuals to specify their future healthcare wishes and appoint attorneys. There are two types: common law and statutory directives,with legal recognition varying by state. In Queensland for example, only statutory directives arelegally binding. AHDs differ from Enduring Powers of Attorney, which coverfinancial matters. They also specify consent or refusal of

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00:17:34

Episode 19 Recording Promises, Loans and Gifts

The Wills and Estates Transmission ·

2024/12/03

Danni and Jessica emphasises the critical importance of properly documenting financial arrangements, such as gifts and loans, especially within family dynamics. They discuss the potential legal implications of failing to document these arrangements, including the risk of disputes and costly litigation. Jessica and Danni advocate for engaging specialist estate planners to ensure that these arrangements align with overall estate plans and to mitigate risks associated with undue influence and

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00:21:05

Episode 18: Executor Liabilities and Duties

The Wills and Estates Transmission ·

2024/11/21

In this episode of the Wills and Estates Transmission Podcast, Tony Skinner and Max Williams discuss the intricacies of estate administration following the grant of probate or letters of administration. They cover essential topics such as the responsibilities of executors, the process of advertising for claims, the payment of executors, property ownership issues, navigating financial institutions, the superannuation claims process, the continuation of legal actions after death, and considerations

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00:19:40

Episode 17: Power of Attorney Special Conditions

The Wills and Estates Transmission ·

2024/10/23

In this podcast episode, John De Groot and Rachael Ryan discuss the importance of enduring powers of attorney in estate planning. They highlight the need to appoint trusted individuals who can make decisions on behalf of the person who has lost capacity. Specific areas that require careful consideration include the care of pets, home care, financial support for family members, and lifestyle preferences. The attorneys should be given clear instructions and authority to ensure that the person's

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00:11:52

Episode 16 Updating Your Will

The Wills and Estates Transmission ·

2024/08/05

The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances. It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by

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00:10:32

Episode 15: Charities

The Wills and Estates Transmission ·

2024/06/18

The conversation covers two main themes: leaving specific gifts in an estate and leaving charitable requests in a will. When leaving specific gifts, it is recommended to leave a percentage of the residue rather than a fixed sum of money, as the value of the estate may fluctuate. Leaving a residuary gift in percentages ensures that the value of the gift adjusts accordingly. The conversation also highlights the importance of correctly identifying charities in the will, as different arms of a

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00:11:56

Episode 14: Pecuniary Legacies

The Wills and Estates Transmission ·

2024/04/15

In this episode, Emma Nisbet discusses the different typesof bequests in estate planning, specifically pecuniary legacies and residuary gifts. She explains that pecuniary legacies involve giving a specific gift of money, while residuary gifts are what is left over after all other gifts have been made. Emma also highlights the importance of considering tax implications in estate planning and the complexities of dealing with digital assets, such as cryptocurrencies. 00:00 Introduction 00:18

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00:09:46

Episode 13: Power Of Attorney Disputes

The Wills and Estates Transmission ·

2024/02/20

Max Williams highlights the importance of trust when selecting a power of attorney, citing Britney Spears' conservatorship as an example.Appointing attorneys for decision-making in case of incapacity. 1:14 Appointing attorneys for financial decisions in estate planning. 2:52 Max advises against appointing a solicitor as power of attorney due to cost concerns. Power of attorney, wills, and resolving disputes. 4:57 Power of attorney and tribunal intervention. 6:36 Power of attorney

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00:11:09

Episode 12: Power Of Attorney

The Wills and Estates Transmission ·

2024/01/16

Episode 12: Power Of Attorney Summary Power of attorney and its benefits. 0:00 Power of attorney appoints someone to make decisions on your behalf, varying by state. Types of power of attorney for decision-making. 1:49 Power of attorney types: general (for specific time) and enduring (for incapacity) Power of attorney types and requirements in NSW. 3:34 Max explains the differences in power of attorney laws across states in Australia. Selecting a trustworthy and capable power of

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00:10:50

Episode 11: Mental Capacity and Wills

The Wills and Estates Transmission ·

2023/11/29

So we touched on an aspect in the last episode about capacity. So let's look at that and see what qualifies as capacity. And even some illnesses that we think affects people's capacity and actually doesn't.

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00:09:23

Episode 10: What is a valid Will?

The Wills and Estates Transmission ·

2023/11/16

Questions asked include: The proverbial will made on a napkin is there actually any way of making that valid? What about electronic signatures? How does that work? In the next episode we're going to be talking more about capacity in relation to wills and estates.

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00:14:20

Episode 9: Family Provision Costs

The Wills and Estates Transmission ·

2023/10/26

Topics discussed in this episode include How do the matters work within the court? So, what are the chances of winning? How much does it cost to contest a will?

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00:06:15

Episode 8 Family Provision Time Limits

The Wills and Estates Transmission ·

2023/10/19

Topics include: Are there time limits for contesting a will? Would it be worth taking the time pursuing to your Auntie Jones cookbook in an estate because of the costs involved?

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