Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
Elder law & succession: May 2026
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
By Darryl Browne - 1 min read
Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
Elder law & succession: April 2026
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
By Darryl Browne - 1 min read
Death benefit dilemmas: formal and essential validity and effectiveness
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min read
Elder law & succession: March 2026
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
By Darryl Browne - 2 min read
Who gets it now? Navigating disclaimers and judicial advice in estate administration
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Succession law’s inheritance: exploring its foundations and future
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.
By Professor Prue Vines - 2 min read
Practising with care: anticipating legal tangles in the new aged care system
The new system overhauls terminology, roles and compliance. What practical challenges can be anticipated as the changes take effect?
By Sue Field - 2 min read
From reform to reality: navigating the transition to the new Aged Care Act 2024
Come November, Australia’s aged care law will enter a new era. Get across the reforms, risks and readiness strategies so you are prepared when it…
By Penelope Eden and Jonna-Susan Mathiessen - 2 min read
Elder law & succession: September 2025
Key rulings on will construction, inheritance contracts, injunctions restraining solicitors, informal wills, headstones and superannuation. By DARRYL BROWNE
By Darryl Browne - 2 min read