Written by Julia Day

This week the #UNELaw School was excited to host Professor Eileen Webb from UniSA. Professor Webb shared her extensive expertise in terms of internships and grants with staff at the Law School. Perhaps the highlight of her visit was the Kirby Seminar she presented relating to accommodation agreements between older people and their families.

Professor Webb spoke about a situation which many people could easily relate to. Picture this- a member of your family (Grandma) is becoming elderly and it is no longer appropriate for her to be living on her own without some type of care. So Grandma decides to move in with you and your family. Grandma wants to contribute financially and perhaps you are suffering from mortgage stress, so out of the kindness of her heart Grandma contributes some of her savings towards your mortgage. You are family and you love each other so don’t think to approach a lawyer or other professional for advice on how to formalise this financial commitment.

In most cases these informal arrangements work out beautifully to benefit all parties involved. In some instances though things can go really wrong as they did in Spink v Flourentzou [2019] NSWSC 256. In many instances the older person will have some type of legal recourse in order to recoup their financial losses. The problem is though, in many situations the older person will not have the resources to take their matter to court. In addition, the older person may be justifiably concerned they will lose their family if they take action.

The key lesson from Professor Eileen Webb’s presentation was- if you are contemplating entering into an arrangement such as this, you need to seek legal (and other) advice. This may avoid all sorts of hassles in the future.

Thank you Professor Webb for your visit to the UNE Law School!