Elder law & succession: May 2026
The latest cases deal with intestacy distributions involving multiple spouses, freezing orders, rectification of defective certificates and informal wills.
Elder law & succession: April 2025
Cases on elder financial abuse, the essential validity of wills and transfers, and portable life interests.
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.