Solicitors’ rules and ethical responsibilities when dealing with older clients
The proliferation of elder abuse has highlighted the fundamental and unique role solicitors play in preventing this new epidemic.
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.
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.
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.
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.
The practicalities of the new Aged Care Act
The Act represents a significant overhaul of Australia’s aged care system and introduces critical person-centred reforms.
Elder law & succession: February 2025
Cases on engaging medical experts, the forfeiture rule, will construction and rectification, and family provision. By DARRYL BROWNE.
Elder law & succession: December 2024
Decisions on wrongful distribution, enduring powers of attorney, and testamentary and mental capacity. By DARRYL BROWNE.
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.
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.
Resolving disputes concerning human remains
Some of the most difficult issues arise urgently in the immediate aftermath of a death and concern the deceased’s human remains.