Elder law & succession: July 2026
Important cases on trust administration, disputed estate entitlements, succession agreements and the recovery of misapplied estate assets.
By Craig Birtles - 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.
By Darryl Browne - 2 min read
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.
By Darryl Browne - 2 min read
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 Arthur Koumoukelis and Ha Nguyen - 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.
By Darryl Browne - 1 min read
Elder law & succession: December 2024
Decisions on wrongful distribution, enduring powers of attorney, and testamentary and mental capacity. By DARRYL BROWNE.
By Darryl Browne - 1 min read
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 Darryl Browne - 2 min read
Elder law & succession: October 2024
Decisions unpacking concessional duties, trustee tax liability, the use of power of enduring attorney in elder abuse and more. By DARRYL BROWNE.
By Darryl Browne - 2 min read
Resolving disputes concerning human remains
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
Elder law & succession: September 2024
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
Supreme Court Practice Note and NSWCA clarifies assumptions in wills and estates law
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