Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
Wills and estates: December 2018
Reporting and analysisof the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
Elder law: when trust may not be resulting
Parents advancing money to their children, or co-purchasing property with them, are on the legal back foot should those funds be needed later. By RICHARD…
Attorney-General launches national organisation to combat elder abuse
It’s a growing social epidemic that will affect almost one in 10 Australians over the age of 60.
Retirement villages: a reality check
Despite recent bad publicity and superficial complexity, retirement villages are a simple proposition: they are relatively cheap to move into and stay in, and expensive…
Avoiding elder financial abuse: safeguards solicitors should have in place
The Law Reform Commission’s report, Elder Abuse – A National Response, recommends safeguards to minimise risk of abuse in cases of ‘enduring appointments’. By DARRYL…
Death benefit nominations & substitute decision makers: ALRC Elder Abuse Report
In the Elder Abuse Report, the Australian Law Reform Commission recommended review of the authority of those holding enduring powers of attorney.
The latest developments in Law Society advocacy & law reform: September 2017
The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.
Elder abuse: a national legal response
The Australian Law Reform Commission’s Report, Elder Abuse – A National Legal Response, included 43 recommendations for law reform which aim to achieve a nationally…
The beginning of the end of the castle: the age pension, aged care and the home
Holding onto your home in the twilight years is a lot more complicated after changes to asset test rules for age pensioners took effect on…
Wills and estates: June 2016
Reporting and analysisof the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.