Elder law & succession: August 2026
Cases highlighting the complexities of identifying beneficiaries, construing wills and distributing superannuation death benefits among competing claimants.
By Darryl Browne - 2 min read
Beware the lonesome lodger: Dealing with guests who outstay their welcome
How to deal with guests who outstay their welcome. By RICHARD MCCULLAGH.
By Richard McCullagh - 1 min read
In the fight against elder abuse, is it time to revisit the notional estate?
In the national effort to combat elder abuse, is it time to revisit the notional estate? By JOHN CLARKE
By John Clarke - 1 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