Elder financial abuse (“EFA”) is a complex and pervasive global problem requiring “outside the box” legal solutions. One example of a novel approach is the U.S. method of disinheriting perpetrators utilizing an expanded slayer rule. The first of its kind in a common law country, the unique laws may demonstrate how succession law can play an important role in the legal response to EFA. In Australia, older people also face increasing threats of financial abuse, arguably perpetuated by an inadequate legal response, enabling victims to be overlooked. It has been eight years since Australia’s leading law reform body, the Australian Law Reform Commission, rejected the adoption of disinheritance laws based on the U.S. slayer rule model, seemingly placing it in the “too hard basket,” during which time the impact of EFA has not abated. However, the Commission did acknowledge that elder abuse is a human rights issue, and any legal response must be viewed through a rights-based lens.

Given the legislative inaction and growing prevalence of EFA, this Essay argues that it is time for Australian jurisdictions to explore adopting disinheritance laws, based on the U.S. expanded slayer rule models, to sanction perpetrators of EFA and safeguard the human rights of older people. To do so, it is necessary to better understand the operation of the various U.S. disinheritance models to ensure that any arguments supporting reform in Australia are based on robust, qualitative evidence. There is currently a gap in knowledge about the efficacy of each of these models and how the U.S. legal profession utilizes them. Filling this gap would arguably allow countries like Australia to learn from the U.S. experience, as well as benefit other U.S. jurisdictions seeking to adopt similar laws.