Elder Law
Capacity and Succession
Elder law, capacity and succession
The Elder Law, Capacity & Succession Committee monitors all matters related to elder, capacity and succession law, and represents the Law Society and its members on policy and practice issues arising from it. Our priorities include:
- Developing and commenting on law reform and legal policy proposals (including preparing submissions, and liaising with government and other stakeholders in this process)
- Educating the legal profession about changes to the law, and providing guidance on practice and other issues
- Exchanging information about issues arising in legal practice (such as recent case law) that may indicate a legal policy issue or concern
Learn more about committees
Current committee members
How to join a committee
Resources
Elder lawPreventing elder abuse, aged accommodation, advance care planning.
Estate planningWills, powers of attorney, enduring guardianship, superannuation death benefits.
Estate administrationProbate, family provision claims, obligations of executors and solicitor-executors, accounts and commission.
Recent policy submissions
Letter to the Law Council of Australia – Winding down Australia’s cheques system – 6 February 2024
Letter to ARNECC – Identifying property sold under power of attorney – 24 November 2023
Memorandum from the Chief Judge in Equity - Succession & Probate List Update - 27 June 2023
Visit the Elder law policy submissions archive
2024 Committee list
Ms Jennifer McMillan (Co-chair), Mr Richard Neal (Co-chair), L. Absalom, B-J. Attard, E. Azzi, A. Britton, L. Brown, J. Clarke, N. Darcy, S. Davis, M. Dixon, A. Gordon, B. Hayward, D. Heffernan, G. Kirwan, S. Kisrwani, A. Koumoukelis, A. McIntyre, M. Money, P. Onisforou, K. Penfold, J. Pignataro, R. Pollard, G. Ryan, C. Saradetch, A. Schiralli, L. To, J. Vuu, K. Wright.
How to join a committee
Law Society Committees have powers, authorities and tasks delegated by the Council. Consisting of dedicated volunteers, each committee focuses on a particular area of law, pooling together specialist skills and experience in order to scrutinise legislation, court decisions and other government policies.
There are three broad categories of committees:
- Regulatory committees – perform statutory duties under the Legal Profession Uniform Law (NSW)
- Liaison committees – linked to other professions or organisations
- Policy committees
By drawing on the insights of committees, the Law Society can meet its statutory duties and act as a major player in law reform and policy debates.