Where there’s a will, there’s a way: offsets, ademptions and hotchpot
A recent Federal Court decision examines the situations giving rise to testamentary offsets, key cases and other similar equitable principles.
By Darryl Browne - 2 min read
Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
By Darryl Browne - 2 min read
Undue influence after Bosschieter v Howitt: can the remedy be simplified?
Courts are increasingly willing to step outside the traditional presumptive relationships of influence following recent adoption of UK case law.
By Mary-Ann de Mestre - 1 min read
Assessing capacity and managing risk: working with elderly clients
As the great wealth transfer looms, courts increasingly require solicitors to take a conservative approach in assessing testamentary capacity.
By Sophie Duffy and Baron Alder - 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
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
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
Elder law & succession: August 2024
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