Essential validity of wills: knowledge and approval, undue influence and fraud
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
Powers of Attorney – an ‘enduring’ source of liability for solicitors
A discussion of Reilly v Reilly [2017] NSWSC 1419 and restrictions on Powers of Attorney imposed by the general law. By GREG COUSTON and TONY…
By Greg Couston and Tony Reynolds - 1 min read
Elder law: when trust may not be resulting
Parents advancing money to their children, or co-purchasing property with them, are on the legal back foot should those funds be needed later. By RICHARD…
By Richard McCullagh - 2 min read
Financial abuse and forfeiture
The extension of the forfeiture rule to cases of abuse against the vulnerable and elderly, as has been done elsewhere, may deter abusive behaviour. By…
By Ruth Pollard and Darryl Browne - 2 min read
Retirement villages: a reality check
Despite recent bad publicity and superficial complexity, retirement villages are a simple proposition: they are relatively cheap to move into and stay in, and expensive…
By Richard McCullagh - 2 min read
Avoiding elder financial abuse: safeguards solicitors should have in place
The Law Reform Commission’s report, Elder Abuse – A National Response, recommends safeguards to minimise risk of abuse in cases of ‘enduring appointments’. By DARRYL…
By Darryl Browne - 10 min read
Death benefit nominations & substitute decision makers: ALRC Elder Abuse Report
In the Elder Abuse Report, the Australian Law Reform Commission recommended review of the authority of those holding enduring powers of attorney.
By Rosalind Croucher AM - 2 min read
Elder abuse: time for a national legal response
The issue of elder abuse in the context of pressure to make or change wills was one of the many topics considered by the ALRC…
By Rosalind Croucher AM - 2 min read
Elder abuse: a national legal response
The Australian Law Reform Commission’s Report, Elder Abuse – A National Legal Response, included 43 recommendations for law reform which aim to achieve a nationally…
By Marie-Claire Muir - 1 min read
The beginning of the end of the castle: the age pension, aged care and the home
Holding onto your home in the twilight years is a lot more complicated after changes to asset test rules for age pensioners took effect on…
By Richard McCullagh - 2 min read
ALRC wants your views in Elder Abuse Inquiry
A Law Refom Commission Discussion Paper includes 43 proposals to prevent, identify and respond to elder abuse. Submissions close on 27 February 2017. By MARIE-CLAIRE…
By Marie-Claire Muir - 2 min read