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 readHow presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min readThe latest cases consider preliminary discovery in will disputes, estate sale injunctions, construction of ‘issue’, section 95 releases and powers of attorney.
By Darryl Browne - 1 min readRecent decisions illustrate how courts analyse testamentary capacity, knowledge and approval when determining whether a document represents a testator’s last will.
By Darryl Browne - 2 min readImprovident and self-benefiting transactions by attorneys acting under an Enduring Power of Attorney are seemingly on the rise. By RICHARD McCULLAGH.
By Richard McCullagh - 1 min readA parent and child co-habiting with the intermixing of financial and proprietary interests is fraught with difficulties. By RICHARD McCULLAGH.
By Richard McCullagh - 1 min readMany people are concerned that they should not be forced to linger on in old age or in states of advanced physical or mental decrepitude,…
By The Hon. Malcolm McLelland - 2 min readThe Office of the Legal Services Commission is increasingly receiving complaints that lawyers have accepted instructions from elderly people who lack decision-making capacity. By LISE…
By Lise Berry and Dr Jane Lonie - 8 min readThe Aged Care (Living Longer Living Better) Act 2013 (Cth) introduced major reforms to residential aged care. By RICHARD MCCULLAGH.
By Richard McCullagh - 2 min read