Elder law & succession: May 2025

Important elder law cases on essential validity of wills, issues with enduring powers of attorney and recognition of informal wills.

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Elder law & succession: April 2025

Cases on elder financial abuse, the essential validity of wills and transfers, and portable life interests.

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Undue influence after Bosschieter v Howitt: can the remedy be simplified?

Courts are increasingly willing to step outside the traditional presumptive relationships of influence following recent adoption of UK case law.

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Assessing capacity and managing risk: working with elderly clients

As the great wealth transfer looms, courts increasingly require solicitors to take a conservative approach in assessing testamentary capacity.

By and - 1 min read

Elder law & succession: March 2025

Cases on when an estate’s administration is complete, managing non-complying SMSFs, cognitive impairment and testamentary capacity, and more. By DARRYL BROWNE.

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An old, oral, unwitnessed promise can be equivalent to a testamentary act

The High Court held a promisor need not engage in conduct encouraging reliance on that promise for it to be enforceable by a court.

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The practicalities of the new Aged Care Act

The Act represents a significant overhaul of Australia’s aged care system and introduces critical person-centred reforms.

By and - 1 min read

Elder law & succession: February 2025

Cases on engaging medical experts, the forfeiture rule, will construction and rectification, and family provision. By DARRYL BROWNE.

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Elder law & succession: December 2024

Decisions on wrongful distribution, enduring powers of attorney, and testamentary and mental capacity. By DARRYL BROWNE.

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Elder law & succession: November 2024

Decisions on severance by divorce, the essential validity of a will, payment of estate debts, and informal wills and costs. By DARRYL BROWNE.

By - 2 min read