By Darryl Browne -
Key decisions
- Bosschieter v Howitt [2024] NSWSC 1676, Bosschieter v Howitt [2025] NSWSC 70 and La Selva v La Selva [2025] NSWSC 78 (elder financial abuse)
- Walker v Walker (No 2) [2025] ACTSC 9 and Walker v Walker (No 3) [2025] ACTSC 91 (essential validity)
- Bower v Bower [2024] SASC 146 (portable life interest)
- BMLS Succession conference 2025x
Elder financial abuse
Margaret Howitt had $202,247.29 in a term deposit. She said she wanted to leave this to her four children equally. According to her granddaughter, Justine Bosschieter, she ‘spontaneously’ closed the term deposit, deposited the funds into a savings account and transferred the proceeds of the savings account to Justine. In her will, Margaret left the residue of her estate to her four children and Justine equally. Justine sought further family provision. The executor of the deceased’s estate sought to recover the transferred sum as the product of undue influence or unconscionable conduct.
The Court noted the improvidence of the ‘gift’ ‘of the deceased’s life savings would have been obvious to any reasonable person in Justine’s position and must have been obvious to Justine’ (Bosschieter v Howitt [2024] NSWSC 1676 (Slattery J) at [173]), although it also observed Justine had no insight into the improvidence of the ‘gift’, no understanding of the deceased’s best interests and no comprehension the deceased might need independent financial or legal advice before making the transfer (at [16]).
