The high cost of growing old
Older Australians remain at the highest risk of developing and dying from COVID-19. Sweeping government restrictions were introduced to protect the lives of our most…
By Amy Dale - 10 min readOlder Australians remain at the highest risk of developing and dying from COVID-19. Sweeping government restrictions were introduced to protect the lives of our most…
By Amy Dale - 10 min readA growing number of law firms across Australia are integrating allied professionals like social workers and counsellors into their legal practice, according to new research.
By Karl Hoerr - 6 min readSilently pervasive and often difficult to detect, elder abuse is a hidden shame, affecting some of the nation’s most vulnerable people. How is the legal…
By Wendy Yang - 21 min readThe Federal government launches a 10-year plan to prevent, respond to and eliminate the abuse of older people in Australia.
Lawyers play a pivotal role in identifying elder abuse and advising on possible remedies. There are other ways lawyers can raise awareness of elder abuse.
A growing number of law firms across Australia are integrating allied professionals like social workers and counsellors into their legal practice, according to new research.
As awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
Safeguards to prevent elder abuse oten assist disgruntled relatives in court battles over inheritances, a new study suggests.
Older Australians remain at the highest risk of developing and dying from COVID-19. Sweeping government restrictions were introduced to protect the lives of our most…
If high-profile estate cases can teach us anything, it’s that where there’s a will, there is often a day in court.
The extension of the forfeiture rule to cases of abuse against the vulnerable and elderly, as has been done elsewhere, may deter abusive behaviour. By…
Recent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.