In this episode, Caite & Michele work through two cases that involve (at least to some extent) some allegations of disentitling conduct. But, beware. Not is all as it seems.
Category: Elder abuse
Elder Abuse = Disentitling Conduct: FPA by adult daughter dismissed with costs
It is no surprise to any of my colleagues in the succession world that this topic is of great interest to me. So, you can imagine my interest when I found this case. A few days ago, the New South Wales Supreme Court determined a matter that involved a family provision claim by an adult…
Changes to decisionmaker laws to commence soon (QLD)
You might recall that last year I wrote a post on new changes to laws for attorneys and administrators following the passing of the Guardianship and Administration and Other Legislation Amendment Act 2019. With the craziness that we now call COVID-19, the implementation of these changes that was scheduled for 30 March 2020 was postponed…
Family Values: successful FPA by trans woman, following estrangement & disharmony among family (VIC)
I recently read an interesting media article on a family provision case and had to look further into get to the bottom of it. It involves a case where an adult child made a claim against a father’s estate for further provision having received no provision from the estate under the father’s Will. What was…
Criminally unkind: ACT passes elder abuse legislation
On 20 August 2020, the Australian Capital Territory passed legislation criminalising acts of abuse of vulnerable people. The term ‘elder abuse’, for many, is a problematic term as it suggests it is only an abuse that only affects elders, when the truth of it is, it affects those that are vulernable. The new legislation acknowledges…
Fractured Relationship: abuse and estrangement in FPA, provision ordered (NSW)
In the first post of this year, it seems fitting to write on the topic of disentitling conduct and estrangement, given my research interests in this space. Sadly, late last year saw the NSW Supreme Court determine a family provision application by a son against his father’s estate in what was clearly a very difficult…
Elder abuse – it even has a name
Elder Abuse is alive and well.. unfortunately. It has become such a problem it now has a name? How did this happen?… That’s a rhetorical question. I’ve been reading more and more of Actor Mickey Rooney’s struggle and despite his original wealth and celebrity status, he was still just a gentleman, taken advantage of by…
In the News: Elder Abuse and how to spot it!
I came across a very interesting article on how to spot Elder Abuse by Forbes. Obviously not an exhaustive list, but interesting nonetheless. You can find the article here. It may be an American article, but abuse is the same; no matter the country.