Elder law & succession: August 2025

Key elder law rulings on notional estates, family provision costs, powers of attorney, executorship and production of wills.

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Elder law & succession: July 2025

Key rulings on family provision, superannuation disputes and notification duties that discuss fairness, eligibility and estate administration.

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Elder law & succession: June 2025

Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.

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Solicitors’ rules and ethical responsibilities when dealing with older clients

The proliferation of elder abuse has highlighted the fundamental and unique role solicitors play in preventing this new epidemic.

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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.

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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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