Silent partners, loud tax
A farm sale exposes costly CGT and GST traps when legal ownership, partnership accounts and the purchaser’s intended use are overlooked.
By Jim Main - 1 min read
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
Elder law & succession: June 2026
The 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 read
Essential validity of wills: the free and capable testator
Recent 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 read
Elder law & succession: May 2026
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
By Darryl Browne - 1 min read
Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
A painful day at the office
An illustration of the severe tax and duty risks that arise when wills purport to deal with assets held through companies and trusts.
By Amanda Tully - 1 min read
Elder law & succession: April 2026
Influential decisions highlighting how flexibility, discretion and restraint define contemporary estates practice.
By Darryl Browne - 1 min read
Death benefit dilemmas: formal and essential validity and effectiveness
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min read
Elder law & succession: March 2026
Discussion of key principles on relevance for disclosure, rebutting revocation presumptions, identifying testamentary intent, estoppel and family provision relief.
By Darryl Browne - 2 min read
Who gets it now? Navigating disclaimers and judicial advice in estate administration
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read