Australia: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Helping Your Children Into The Property Market — The Right Way

The way that assistance is structured can have long-lasting consequences — both financial and personal.

Australia Family

MD

McCarthy Durie Lawyers

Challenging the validity of a will in Victoria: what you need to know

A will can be contested for lack of capacity, undue influence, fraud or formal defects, with successful challenges reverting to an earlier will or intestacy.

Australia Family

PP

Pointon Partners

It depends – Should my superannuation death benefit be paid to my estate, to be dealt with under my Will?

Transcript & link to video on whether your super death benefit should go to your estate under your Will.

Australia Family

CG

Cooper Grace Ward

It depends – Trust vesting

Transcript & link to video - from 1/8/25, Qld trusts may vest after 125 years, but deed terms & legal steps determine if extension is possible.

Australia Commercial

CG

Cooper Grace Ward

Why Binding Death Benefit Nominations are crucial in Estate Planning

Australia Family

HL

HHG Legal Group

What happens if you do without a Will in Australia?

Australia Family

WT

Watkins Tapsell

How Do You Update Your Will in Australia?

Australia Family

WT

Watkins Tapsell

It depends – Can my superannuation death benefit be paid to my stepchild?

Australia Family

CG

Cooper Grace Ward

"He was like a father to me, that's why he left me his estate in an informal will." Which case won?

Australia Family

S

Stacks Law Firm

Capacity and undue influence: The curious story of Beverley Brooker

Australia Family

B

Barry Nilsson

A "special" trust deed variation and lessons for estate planning

Australia Family

PA

Piper Alderman

Can A Beneficiary Be An Executor Of A Will In Australia?

Australia Family

JS

JB Solicitors

Contesting a Will in Australia: How Do You Succeed With It?

Australia Family

JS

JB Solicitors

5 Facts About Probate and Letters of Administration NSW

Australia Family

JS

JB Solicitors

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

2025 Federal Budget And Australian Immigration

Australia Immigration

IL

Interstaff Immigration Agency

It depends – Trust vesting

Australia Commercial

CG

Cooper Grace Ward

What Does Labor's Landslide Mean For Employment Law In Australia? (Video)

Australia Employment

IL

Ius Laboris

How A Cybersecurity Investigation Uncovered The Root Cause Of A Ransomware Breach

Australia Technology

FC

FTI Consulting

What Happens To Your Crypto And Cloud After You Die? Why Your Online Life Needs A Will

You've got crypto, a cloud full of photos, and a dozen social accounts. But what happens to all of it when you're gone? The concept of inheritance is undergoing a profound transformation.

Australia Family

KK

Kalus Kenny Intelex

Is Your Estate Plan Crash-Proof?

In recent weeks, global stock markets have experienced a dramatic decline, with the ASX 200 falling by 6.5% in a single day on April 7—marking its steepest one-day drop since March 2020.

Australia Family

KK

Kalus Kenny Intelex

New Aged Care Restrictive Practices Law Mean New Decisions For Estate Planning

From 1 July 2025, a new law will come into effect in Victoria that may impact how your wishes are carried out if you enter aged care and lose decision-making capacity.

Australia Family

KK

Kalus Kenny Intelex

The benefits of discussing your will and estate plans with family before you pass away

Discusses why talking about your Will matters.

Australia Family

P

PCL Lawyers

It depends – Can my superannuation death benefit be paid to my siblings?

Australia Family

CG

Cooper Grace Ward

No will, no direction: The estate of Liam Payne and understanding law of intestacy

Australia Family

S

Swaab

What Happens to Your SMSF When You Die?

Australia Family

P

PCL Lawyers

Grandchildren And Family Provision Claims: A Hard Lesson From Broadus V Cradduck

Australia Family

BP

Bartier Perry

Dying Without a Will

Australia Family

MO

Mellor Olsson Lawyers

Unfulfilled Intentions, Family Provision and Notional Estate in Boyd v Roberts

Australia Family

BP

Bartier Perry

Challenging a will in Victoria: understanding Family Provision claims

Australia Family

PP

Pointon Partners

Elder wealth transfers and the Court's watchful eye: transactions undone in La Selva v La Selva [2025] NSWSC 78

Australia Family

BP

Bartier Perry

It depends – Can my superannuation death benefit be paid to my grandchildren?

Australia Family

CG

Cooper Grace Ward

"This farm will be yours one day" – High Court Lessons about proprietary estoppel

Australia Family

M

McCabes

Challenging a will in Victoria: understanding Family Provision claims

In Victoria, if you believe you've been unfairly left out of a will, or not adequately provided for, you may be eligible to make a Family Provision claim.

Australia Family

PP

Pointon Partners

Elder wealth transfers and the Court's watchful eye: transactions undone in La Selva v La Selva [2025] NSWSC 78

La Selva is a case about a vulnerable elderly woman who, in the last year of her life, transferred over $1.3 million to her son.

Australia Family

BP

Bartier Perry

It depends – Can my superannuation death benefit be paid to my grandchildren?

Transcript & link to video discussing where the grandchildren fit in regarding you superannuation death benefit.

Australia Family

CG

Cooper Grace Ward

"This farm will be yours one day" – High Court Lessons about proprietary estoppel

Recent decision highlights the importance of making clear oral promises to prospective beneficiaries regarding the distribution of assets.

Australia Family

M

McCabes

Cost of making a Will in NSW

Australia Family

JS

JB Solicitors

Executor of a Will: Challenges and solutions

Outlines some key challenges that executors may face & provides some practical solutions to minimise stress.

Australia Family

CG

Clifford Gouldson Lawyers

When can I receive my share of an estate?

Transcript & link to video discussing when you can receive your share of an estate.

Australia Family

CG

Cooper Grace Ward

Testamentary Promise: High Court Upholds Farm Inheritance Claim

Decision underscores the importance of aligning verbal promises with formal testamentary documents.

Australia Family

BP

Bartier Perry

The obligation of the insolvency practitioner to act honourably and fairly in the administration of insolvent estates

Reviewing the nature and scope of the rule in Ex parte James requiring fairness in administration of insolvent estates.

Australia Family

BF

BRI Ferrier

Kramer v Stone: Enforcing broken promises to gift the family farm

Australia Family

HL

HHG Legal Group

What happens to your inheritance in a divorce or separation?

Australia Family

P

PCL Lawyers

What to Do When You Don't Trust the Executor of the Estate

Australia Family

RC

Rostron Carlyle Rojas

How to Be a Guardian in Australia

Australia Family

U

Unified Lawyers

Removing The Executor Under A Will in Queensland

Australia Family

RC

Rostron Carlyle Rojas

Transferring Assets After Death: What You Need to Know

Australia Family

P

PCL Lawyers

Navigating estate planning: Key considerations when appointing non-resident executors

Australia Family

CG

Coleman Greig Lawyers

Christmas and Planning for the Future

Australia Family

CG

Clifford Gouldson Lawyers

Taking care of your pets after you've gone

Australia Family

HL

HHG Legal Group

Secure features: The importance of drafting your will upon marriage

Australia Family

HL

HHG Legal Group

New beginnings, secure futures

Australia Family

HL

HHG Legal Group

Why you should keep your will with a lawyer

Australia Family

A

Avant Law

Gone but not forgotten: The ademption of gifts in deceased estates

Australia Family

M

McCabes

You need an estate plan (even if you think you don't!)

Australia Family

A

Avant Law

Is it really necessary for my executor to have so many powers?

Australia Family

CG

Coleman Greig Lawyers

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Latest Videos

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What happens to your inheritance in a divorce or separation?

P

PCL Lawyers

It Depends – Family trust change of trustee (part 5 – estate planning)

CG

Cooper Grace Ward

"Full Disclosure" Podcast, Vol. 17: The importance of getting your affairs in order

MO

Mellor Olsson Lawyers

It Depends – What did the High Court in Hill v Zuda decide about binding death benefit nominations in SMSFs?

CG

Cooper Grace Ward

It Depends – What if I have both a reversionary pension and a binding death benefit nomination for my super?

CG

Cooper Grace Ward

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