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Key decisions

  • Carr v Homersham [2018] NSWCA 65
  • Public Trustee v CBA [2018] SASC 25
  • The Estate of Omar Walid Baghdadi [2018] NSWSC 554
  • Ludwig v Houseman [2018] SASC 51
  • Bellamy v Bellamy [2018] NSWSC 534
  • The Public Trustee of Queensland v Tennila [2018] QSC 84
  • Estate Hemmes; Cameron v Mead [2018] NSWSC 85
  • Boardman v King [2018] NSWSC 230
  • Webster v Strang; Steiner v Strang [2018] NSWSC 495
  • Wright v Stevens [2018] NSWSC 548

World Elder Abuse Awareness Day and identifying risk factors

June 15 2018 is World Elder Abuse Awareness Day. Being aware of elder abuse means we are one step closer to preventing it. Elder Abuse can take many forms. For solicitors it will mostly present as financial abuse. It need not be deliberate; it can be inadvertent and even motivated by good ideals. The ‘abuser’ will often have a close connection with the elderly person, such as a member of the family, friend or carer. It is therefore important to be vigilant and to identify if an elderly or vulnerable client presents with factors which are common with elder financial abuse; these include:

  • changing solicitors especially from the elderly person’s long standing solicitor;
  • family tensions;
  • legal transactions being initiated at the instigation of someone other than the elderly person, especially where the instigator is the person benefitting from the transaction;
  • legal transaction whereby the elderly person disposes of almost all their assets, especially where that occurs for nominal or no consideration; and
  • changes of estate planning documents like wills, especially where a person is inexplicably excluded or included as a beneficiary.

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