Weekly Snapshot Issue No: 8 – 30 November 2018

Case we’re reading…

Often when drafting Wills, we are asked whether there is a way to “write out” a family member from inheriting anything after their passing. Our advice is that there is no guaranteed way to prevent a person, otherwise deemed eligible under the Succession Act from making a family provision claim against an estate. What we can assist in however is making it explicitly clear in the Will that the testator wishes to disinherit the particular individual and the reasons why, hence providing the testator with an opportunity to metaphorically, speak from the grave, should a family provision claim be initiated and therefore greatly reduce the amount of provision that if any, may be ordered in their favour by the Court. 

This was reiterated in the case of Re Estate McNamara [2018] NSWSC 1661 which involved a mother’s Will that clearly stipulated that her younger son was to be disinherited from her estate. The son initiated a family provision claim against her estate and after a thorough examination of the history of the relationship, the plaintiff and defendants’ need for financial support and having regard to the estate of the deceased, the court ordered the plaintiff may receive a nominal amount from the estate to commensurate his limited relationship with the deceased. A key factor in the plaintiff having received a very nominal amount was the mother’s explicit testamentary disposition in her Will. 

Read the case here: https://www.jade.io/article/619429 

Website we’re scouring…

For many years, we put very little thought into our choice for our web browser home page and were content with the innocuous Google search landing page. 

In the past few years, we’ve been craving independent and insightful news and content and have discovered www.theconverstion.com.au(it’s been promoted to becoming Zahraa’s new homepage) Their tagline “academic rigour, journalistic flair” describes it fairly well. A quick glance shows an article on how a change in climate wiped out the “Siberian unicorn” which apparently once casually hung out with modern humans in western Russia only 36,000 years ago (you have to check out the artists impression. And no, it’s not a rainbow unicorn, the animal is pretty ghastly). 

Another article delves into the works of Khalil Gibran; perhaps aptly described as the midwife of new age. The site offers articles on a range of topics including art + culture, politics, health + medicine, science +technology, business + economy and education among others. Check out the “FactCheck” tab for articles on relevant & controversial issues affecting society today. 

Vitamins we are chewing…

Iron deficiency is common in Australia particularly in women and unfortunately we fall into that category. With side effects side as tiredness, weakness and headaches, our iron deficiency cramps our style, and ain’t nobody got time for that. Iron tablets are boring but we have recently come across Iron Melts, and they have definitely jazzed up our iron deficiency treatment. 

For $8 you get 50 chewable tablets in strawberry flavour. The only difficult thing is limiting your daily intake to the recommended 2 tablets- trust us, you’ll want more. 

Buy yours here: 

https://www.chemistwarehouse.com.au/buy/42951/iron-melts-50-chewable-tablets

Speech that’s inspiring us… 

In 1910 Theodore Roosevelt delivered one of the most famous speeches in modern Western history, original titled ‘Citizenship in a Republic’, it is now famously known as ‘The Man in the Arena’. Delivered at the Sorbonne, in Paris France on 23 April 1910, Roosevelt touched on his own family history, war, human and property rights and the responsibilities of citizenship. He also rallied against cynics who looked down at men who were trying to make the world a better place.

In the most famous excerpt from the speech he said ‘It is not the critic who counts, not the man who points out how the strong man stumbles, or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs, who comes short again and again, because there is no effort without error and shortcoming, but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails; at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory or defeat’

Artist we currently have on repeat…

When faced with voluminous legal documents to review and in the midst of drafting, we tune into a carefully curated playlist to help with focus and to get ourselves into a productive flow. Michael Kiwanuka is a soul, blues and acoustic artist we’re enjoying on repeat. He has a smooth soulful voice with lyrics that explore themes beyond the cliche love & breakups repertoire. 

Enjoy his debut single “Home Again” here: https://www.youtube.com/watch?v=kJ4s3G7hgR4

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