Demeter Legal

It's that lovely time of year when we're all cramming in our CPD points, right?

Not me! Thanks to and I've smashed my requirements yet again this year.

By attending the TT Precedents Club weekly hotseat, I get one point in Substantive Law each time. Tara and Carrie also bring in gueat speakers for monthly CPD events, which netted me 1.5 of those Ethics points you see there.

And being a member of the TT Precedents Club isn't only a low-cost way to get CPD points. It has invaluable benefits for my clients, too: every week, I get to hang out with estate planning lawyers from around the country, learning about a variety of scenarios and solutions.

Speaking of which, gotta run - it's time to get one more point for the year.

Happy Leap Day!

What have you done with your extra day?

A recent case from the WA Supreme Court emphasises that the presence of a de facto relationship is defined not just by adherence to the statutory rules, but by the circumstances of each relationship.

In this appeal from a 2022 ruling, the Court of Appeal considered whether the trial judge had made a mistake in labelling the relationship between Ms Keremestevski and Mr McLeod was that of boyfriend and girlfriend and not 'marriage-like', a determination which resulted in Ms Keremestevski's application for further provision from Mr McLeod's estate being rejected at first instance.

The Court of Appeal allowed the appeal, as the evidence provided by Ms Keremestevski suggested a deeper level of commitment and financial interdependence - in that Ms Keremestevski provided Mr McLeod with financial assistance for his day-to-day expenses - in addition to an ongoing sexual relationship and shared living arrangements, even though the couple owned separate properties and didn't share the expenses associated with the properties. In fact, the Court of Appeal determined that ownership of property or shared expenses isn't necessary for a relationship to be considered 'marriage-like'.

Much of the trial judge's decision to characterise the relationship as boyfriend and girlfriend, rather than marriage-like, hinged on evidence from Mr McLeod's friends and family asserting that the two were rarely seen together in social settings during their relationship. However, the Court of Appeal took a difference view; Mr McLeod was an introvert, and while it was true that Ms Keremestevski and Mr McLeod didn't frequently socialize as a couple, this was largely due to Mr. McLeod's lack of social activity overall. However, during Mr. McLeod's illness, particularly when he needed assistance, they regularly appeared together in public, indicating a significant aspect of their relationship.

(Cont. in comments)

Estate planning lawyers are a special breed 🤪

People often ask me how I can spend my time having conversations about death day in and day out.

Certainly, my decade+ of experience helps.

But I'd say that these qualities definitely make it easier:

🥰 my empathy is my superpower. I've seen, heard, and experienced a lot over my 42 years, and I hold space for my clients to be vulnerable.

👻 much like doctors, us 'death lawyers' develop a fairly dark sense of humour as a bit of a coping mechanism. Or maybe we're just born with it and gravitate to the work 🤷 😉

🎨 every person is unique and requires bespoke elements to their estate plan. Coming up with creative solutions is a big part of the joy of this work.

✅️ using checklists and really good precedents means we can focus on being human, because we know we've got the essentials covered. Shoutout to and who make me a better estate planning lawyer.

📑 legislation changes all the time, and there's always new case law to get your head around. Good estate planning lawyers know what they don't know, and spend time upskilling regularly.

🫖 finally, I don't know an estate planning lawyer who isn't a little bit nosy! But it serves a purpose: getting to know you, your family, your hopes, and fears is all part of the process of crafting a legacy protecting estate plan.

True love, baby 🤎

With thanks to all those who feed us and clothe us every day.

Wishing you an ooky spooky Halloween! 🎃💀🦇

Not a Christmas post, already?

(I know, I know: too soon!)

This year, I'm heading to Europe for my first winter Christmas holiday in 15 years. I can taste the lebkuchen and gluhwein already!

While I will be taking my laptop with me, and Alison will be here in WA manning the email inbox and helping with document processing, our last appointment for new matters until we reopen in January will be on November 17th.

So, if you've had estate planning on your to-do list since 1 January and you want to get it ticked off, now's the time to book in for your strategy meeting.

Estate planning quick tip: if one of your Decision Makers (e.g. your Executor, Enduring Guardian, or Enduring Attorney) has died, you may need to update your estate plan.

This will depend on whether your documents are drafted to include appropriate alternates.

Similarly, gifts to beneficiaries who have died may need to be redirected or changed.

It's best to check in with an estate planning specialist before making any changes to your documents.