Elder law & succession: April 2024
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 10 min readReporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 10 min readGranny flat arrangements can address socio-economic issues but complex legal and financial issues can arise when parties fail to document their arrangement.
By John Clarke and Abby Landy - 8 min readPractitioners will be familiar with the words ‘survive me’ in wills, but the word ‘survive’ has two different meanings.
By Darryl Browne - 7 min readReporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 10 min readWhen determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.
By Jennifer Vuu - 8 min readProprietary estoppel can be used as a sword to enforce a promise. Practitioners should be mindful of the circumstances where it may exist.
By Darryl Browne - 7 min readSpouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.
By Jennifer Vuu - 9 min readHigh 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 Darryl Browne - 7 min readA 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 Dr Jane Lonie - 5 min readTwo unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 7 min readThe importance of contemporaneous medical evidence and treating doctor opinion in mental capacity cases.
By Hayley Bennett and Alisa Green - 6 min readVulnerable residents prevail in first judicial consideration of s 182G of the Retirement Villages Act.
By Laina Chan - 6 min readRetirement village contracts under review after new laws passed in response to the Greiner Inquiry.
By Tanya Chapman - 6 min read