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
Elder law & succession: September 2025
Key rulings on will construction, inheritance contracts, injunctions restraining solicitors, informal wills, headstones and superannuation. By DARRYL BROWNE
By Darryl Browne - 2 min read
Forgotten treasure: bona vacantia and how to respond
A simple guide on how to identify, protect and reclaim assets before they become ownerless under Australian law.
By Hayder Shkara - 1 min read
Elder law & succession: August 2025
Key elder law rulings on notional estates, family provision costs, powers of attorney, executorship and production of wills.
By Darryl Browne - 2 min read
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
Digital assets in wills: navigating the intersection of technology and succession law
Why digital assets like crypto and NFTs demand a place in your estate plan, and how courts and practitioners are adapting to the digital frontier.
By Mary-Ann de Mestre - 1 min read
Elder law & succession: July 2025
Key rulings on family provision, superannuation disputes and notification duties that discuss fairness, eligibility and estate administration.
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