Practising with care: anticipating legal tangles in the new aged care system
The new system overhauls terminology, roles and compliance. What practical challenges can be anticipated as the changes take effect?
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.
Elder law & succession: September 2024
This month is a deep dive on issues surrounding superannuation death benefits, including the recent Ngyuen v AFCA decision. By DARRYL BROWNE.
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.