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
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
Elder law & succession: October 2024
Decisions unpacking concessional duties, trustee tax liability, the use of power of enduring attorney in elder abuse and more. 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
Keeping it in the family: self-dealing is as dangerous as it sounds
The rules around self-dealing can complicate seemingly simple sales to executors of an estate: solicitors have a crucial role to play at all stages.
By Susan Reid and Malcolm Cameron - 2 min read
To act or not to act? That is the question
Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.
By Annie Knoke and Yvette Morris - 2 min read
Elder law & succession: May 2024
Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.
By Darryl Browne - 1 min read