Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
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.
Refresher: costs in probate and letters of administration matters
There is a scale of fixed costs for the various stages of probate/letters of administration, depending on the value of assets remaining at the time…
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.
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.
In conversation with wills and estates lawyer Josephine Pignataro
Josephine Pignataro is a member of the Law Society of NSW’s Elder Law and Succession Committee. She will be speaking at the Specialist Conference Conference…
Supreme Court Practice Note and NSWCA clarifies assumptions in wills and estates law
Wills and estates practitioners have new rules and precedent to follow with a new Supreme Court Practice Note and an influential decision in Alexakis.
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.