Elder law & succession: March 2024

Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.

By - 10 min read
Solicitor reviews document with older female client

A grave mistake: The perils of testamentary statements in family provision claims

When determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.

By - 8 min read
Older person's hands holding a key and a small wooden house

Estoppel as a sword: Exploring proprietary estoppel

Proprietary estoppel can be used as a sword to enforce a promise. Practitioners should be mindful of the circumstances where it may exist.

By - 7 min read

Duel to the death: De facto relationships and disputes over inheritance

Spouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.

By - 9 min read

Unscrambling the Oomidoodle’s egg

High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.

By - 7 min read
Elder Law Legal Updates

Cognitive decline and decision-making in guardianship matters

A lack of insight by a person into their cognitive impairment often interferes with their ability to judge the actions of others in guardianship disputes.

By - 5 min read

A tale of two Stanfords: blended families and family provision claims

Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.    

By - 7 min read

Treating Doctor Reports: retrospective mental capacity cases

The importance of contemporaneous medical evidence and treating doctor opinion in mental capacity cases.

By and - 6 min read

A triumph for residents of retirement villages

Vulnerable residents prevail in first judicial consideration of s 182G of the Retirement Villages Act.

By - 6 min read

Time to dust off the contracts: NSW retirement village laws are changing

Retirement village contracts under review after new laws passed in response to the Greiner Inquiry.

By - 6 min read