Elder law & succession: July 2026
Important cases on trust administration, disputed estate entitlements, succession agreements and the recovery of misapplied estate assets.
By Craig Birtles - 1 min read
Will construction and solicitors’ responsibilities
A recent NSWSC decision is a reminder of the importance of making detailed file notes of the testator’s instructions, retaining drafts of wills and reading…
By Mary-Ann de Mestre - 1 min read
Awakening the sleeping giant: FIRB obligations and testamentary gifts to foreign beneficiaries
Changes to the Foreign Investment Review regime have important implications for testamentary gifts to foreign persons and the administration of deceased estates.
By Jennifer Vuu - 2 min read
Unscrambling the Oomidoodle’s egg
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
By Darryl Browne - 3 min read
Ready, steady, NO: tips and traps for beneficiaries wanting to reject an inheritance
A person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.
By Jennifer Vuu - 9 min read
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 2 min read
A race against time: urgent preservation of estate assets and special grants of administration
What to do when time is not on your side and a delay in administering the estate might jeopardise its value.
By Jennifer Vuu - 2 min read
Dangers for solicitors acting on intra-family transactions
As awareness grows of the prevalence of elder abuse in the community, solicitors need to be alert to the potential issues with intra-family transactions.
By Jen McMillan - 2 min read
‘Til debt do us part: Managing insolvent estates and bankrupt beneficiaries
The complexities of administration of insolvent estates and estates with bankrupt beneficiaries.
By Jennifer Vuu - 1 min read
Severing a joint tenancy by will-making
When a joint tenant makes a will, in order to convey property on death, they may wish to sever the joint tenancy.
By Darryl Browne - 2 min read
The need for culturally appropriate wills for Indigenous Australians
Culturally appropriate wills and how they can be tailored to meet the unique needs of Indigenous clients.
By Professor Prue Vines - 2 min read