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
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
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
Some of the most difficult issues arise urgently in the immediate aftermath of a death and concern the deceased’s human remains.
By Darryl Browne - 1 min read
This month is a deep dive on issues surrounding superannuation death benefits, including the recent Ngyuen v AFCA decision. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Wills and estates practitioners have new rules and precedent to follow with a new Supreme Court Practice Note and an influential decision in Alexakis.
By Daniela Faggionato and Caitlin Watson - 1 min read
Recent decisions involving mutual wills agreement, the validity of witness gifts, executor duties and elder financial abuse. By DARRYL BROWNE.
By Darryl Browne - 11 min read
Recent decisions involving will construction, Sharia and family provision and forged wills. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Recent decisions involving informal wills, elder financial abuse and proprietary estoppel. By DARRYL BROWNE.
By Darryl Browne - 3 min read
Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.
By Darryl Browne - 1 min read
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Granny 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 - 2 min read
Practitioners will be familiar with the words ‘survive me’ in wills, but the word ‘survive’ has two different meanings.
By Darryl Browne - 2 min read