Elder law & succession: September 2026
Cases highlighting several cases with applications to remove or pass over an executor, hotchpot applications, lost informal wills, and much more.
Elder law & succession: August 2025
Key elder law rulings on notional estates, family provision costs, powers of attorney, executorship and production of wills.
Elder law & succession: July 2025
Key rulings on family provision, superannuation disputes and notification duties that discuss fairness, eligibility and estate administration.
Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
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.
Elder law & succession: May 2025
Important elder law cases on essential validity of wills, issues with enduring powers of attorney and recognition of 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.