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.

From iPhone note to courtroom: the dangers of DIY wills

Recent case highlights the costly risks of DIY Wills & the importance of seeking proper legal advice when preparing your estate plans.

Australia Family

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Barry Nilsson

Estate Lawyers Sydney: What They Do And Why You Need One

These professionals are experienced in the laws and legislation about Wills and estate planning.

Australia Family

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JB Solicitors

Safeguarding Family Wealth For Future Generations: The Importance Of Trust Structures In Succession Planning

Guidance for families who want to safeguard their wealth for future generations.

Australia Family

BP

Bartier Perry

Estates Court Processes To Improve

2026 has started positively in the world of estates with changes to processes in estates matters before the Supreme Court

Australia Family

KK

Kalus Kenny Intelex

Planning For Vulnerable Loved Ones After You Pass

Australia Family

CO

Carroll & O'Dea

Beneficiaries Of A Will: What Do They Get And How Do They Get It?

Australia Family

JS

JB Solicitors

Simple Will vs Complex Will: What Will You Need?

Australia Family

JS

JB Solicitors

What If A Trustee Or Executor Is Broke, Or Even Bankrupt?

Australia Family

BP

Bennett & Philp Lawyers

Is Your Estate Plan On The 'Nice' List?

Australia Family

KK

Kalus Kenny Intelex

Safety First: Firearms & Estate Planning

Australia Family

CG

Clifford Gouldson Lawyers

Why Your Simple Will Might Not Be So Simple After All

Australia Family

HL

HHG Legal Group

Making A Death Benefit Claim On Superannuation Or Life Insurance: Your FAQs Answered – Part 1

Australia Family

CO

Carroll & O'Dea

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Australia Commercial

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Stacks Law Firm

It Depends – What Is A Direct Descendants Trust And Is It Appropriate For My Client?

Australia Family

CG

Cooper Grace Ward

Employment law in 2025: key developments and what they mean for employers

Australia Employment

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Barry Nilsson

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Essential ESG: Episode 26 – Insights From The 2025 UN Forum On Business And Human Rights

Australia Environment

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Corrs Chambers Westgarth

Talking Aussie Farming With Stephen Commadeur (Podcast)

Australia Real Estate

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FTI Consulting

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

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Corrs Chambers Westgarth

Love may be dead, but the inheritance lives on: Takeaways from Chie v Veale

Case highlights estate planning risks after separation and why updating your will matters.

Australia Family

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Swaab

Executor of a Will: How Hard Can This Role Be?

The Will-maker should appoint a responsible executor if they want to carry out their last wishes properly.

Australia Family

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JB Solicitors

What Is A Grant Of Probate?

Probate provides a mechanism for notifying creditors and other interested parties about the deceased person's passing.

Australia Family

MD

McCarthy Durie Lawyers

Contested Wills: How Hard Is It To Contest A Will?

Contesting a Will reveals a lot, which may include family quarrels, which may bring out deep-rooted family issues.

Australia Family

JS

JB Solicitors

It depends – Does my family discretionary trust need an appointor?

Australia Family

CG

Cooper Grace Ward

Intergenerational Wealth Transfer

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King & Wood Mallesons

How The Trustee Can Remove The Appointor

Australia Family

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Pointon Partners

Have you reviewed your discretionary trust lately? Frequently asked questions

Australia Family

MO

Mellor Olsson Lawyers

Administering life interests in a changing world: construction and trustee powers in Estate of Chaddock (Deceased) [2025] NSWSC 463

Australia Family

BP

Bartier Perry

It depends – Should you involve your kids in the control of your family discretionary trust?

Australia Family

CG

Cooper Grace Ward

Choosing the right executor for your will

Australia Family

HL

HHG Legal Group

Protecting Your Tomorrow, Today: The Importance Of An Enduring Power Of attorney

Australia Family

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Swaab

So You've Updated Your Estate Plan, But What Happens To The Family Trust When You Die?

Australia Family

KK

Kalus Kenny Intelex

Why Estate Planning Is Just As Important In Your 20's As Your 60's

Australia Family

KK

Kalus Kenny Intelex

Choosing the right executor for your will

Choosing the right executor is a vital act of care, ensuring your estate is handled smoothly and your loved ones are spared stress or conflict.

Australia Family

HL

HHG Legal Group

Protecting Your Tomorrow, Today: The Importance Of An Enduring Power Of attorney

A power of attorney is a legal document which appoints an individua to manage your legal and financial affairs on your behalf.

Australia Family

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Swaab

So You've Updated Your Estate Plan, But What Happens To The Family Trust When You Die?

Family discretionary trusts are a common way to preserve wealth, protect assets and ensure they are passed down to lineal descendants.

Australia Family

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Kalus Kenny Intelex

Why Estate Planning Is Just As Important In Your 20's As Your 60's

Many young adults assume they don't need a Will, often thinking they have not yet acquired significant assets such as property or savings.

Australia Family

KK

Kalus Kenny Intelex

When executors should stand firm: Court rejects "extravagant" TFM claim with heavy costs consequences

Australia Family

PP

Pointon Partners

Superannuation and your Estate – are your children really protected? Lessons from Steele v Host-Plus Pty Limited as trustee for the Hostplus Superannuation Fund [2025] FCA 668

In recent case, Court confirmed superannuation doesn't automatically go to children without a binding nomination, stressing the importance of estate planning.

Australia Family

CO

Carroll & O'Dea

Powers of Attorney: Who Will You Give This To?

This article how you can apply for a power of attorney and who you can entrust this responsibility to.

Australia Family

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

Family members and even close friends might have wanted more or believed that there were discrepancies in the Will.

Australia Family

JS

JB Solicitors

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

Australia Family

PP

Pointon Partners

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

Australia Family

CG

Cooper Grace Ward

It depends – Trust vesting

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 Die 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

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Stacks Law Firm

Capacity and undue influence: The curious story of Beverley Brooker

Australia Family

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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

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

Australia Family

KK

Kalus Kenny Intelex

Is Your Estate Plan Crash-Proof?

Australia Family

KK

Kalus Kenny Intelex

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Latest Videos

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Powers of Attorney: Who Will You Give This To?

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

JS

JB Solicitors

What happens to your inheritance in a divorce or separation?

P

PCL Lawyers

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

MO

Mellor Olsson Lawyers

It Depends – Should I gift specific assets in my Will?

CG

Cooper Grace Ward

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