Where there’s a will, there’s a way: offsets, ademptions and hotchpot
A recent Federal Court decision examines the situations giving rise to testamentary offsets, key cases and other similar equitable principles.
Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
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.
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.
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.