Elder law & succession: May 2024
Recent decisions involving trustee remuneration, protective jurisdiction, disclaimers and family provisions. By DARRYL BROWNE.
By Darryl Browne - 1 min read
What does it mean to ‘survive’?
Practitioners will be familiar with the words ‘survive me’ in wills, but the word ‘survive’ has two different meanings.
By Darryl Browne - 2 min read
Elder law & succession: March 2024
Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.
By Darryl Browne - 2 min read
A grave mistake: The perils of testamentary statements in family provision claims
When determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.
By Jennifer Vuu - 2 min read
Estoppel as a sword: Exploring proprietary estoppel
Proprietary estoppel can be used as a sword to enforce a promise. Practitioners should be mindful of the circumstances where it may exist.
By Darryl Browne - 2 min read
Duel to the death: De facto relationships and disputes over inheritance
Spouses obtain preferential entitlement on intestacy. Determining the existence of a de facto relationship is a complex exercise.
By Jennifer Vuu - 2 min read
Unscrambling the Oomidoodle’s egg
High Court in Hill v Zuda clarifies that reg 6.17A of the Superannuation Industry (Supervision) Regulation 1994 does not apply to a self managed super funds.
By Darryl Browne - 3 min read
Cognitive decline and decision-making in guardianship matters
A lack of insight by a person into their cognitive impairment often interferes with their ability to judge the actions of others in guardianship disputes.
By Dr Jane Lonie - 2 min read
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 2 min read
Treating Doctor Reports: retrospective mental capacity cases
The importance of contemporaneous medical evidence and treating doctor opinion in mental capacity cases.
By Hayley Bennett and Alisa Green - 2 min read
A triumph for residents of retirement villages
Vulnerable residents prevail in first judicial consideration of s 182G of the Retirement Villages Act.
By Laina Chan - 2 min read