Legally Gone: Leave to swear death and declaration of death

2025-10-16

In this episode, Caite & Michele talk through a not-so-common but ever-so-interesting element of succession law; leave to swear death and declarations of death. In this chat, we talk about: when leave to swear death is required where a declaration of death is required the differences between leave to swear death and declaration of death evidence required for applications jurisdiction of the court for different applications the case of Re Bennett [2006] QSC 250 ...

In this episode, Caite & Michele talk through a not-so-common but ever-so-interesting element of succession law; leave to swear death and declarations of death.

In this chat, we talk about:

when leave to swear death is required
where a declaration of death is required
the differences between leave to swear death and declaration of death
evidence required for applications
jurisdiction of the court for different applications
the case of Re Bennett [2006] QSC 250
the case of Re Parker [1995] 2 Qd R 617.

You can (and should!) read the full cases.

Have a question or want to submit a case for discussion, send Caite & Michele an email at hello.theheirwaves@gmail.com (please note we have a new email address from Jan 2026).

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, tax or financial advice under any circumstances. The information provided is of a general nature. If you require help with a legal, tax or financial matter, contact your lawyer or advisor and obtain advice for your specific circumstances.

Comments (3)