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.

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

S

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

KK

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

Recent case shows that not all claims warrant compromise & that courts are willing to protect estates against opportunistic litigation.

Australia Family

PP

Pointon Partners

Madness, mobility and modernisation: what Banks v Goodfellow still teaches us about will making capacity

Australia Family

BP

Bartier Perry

Superannuation and estate planning

Australia Family

MD

McCarthy Durie Lawyers

It depends – What happens to the appointor role in my family discretionary trust when I die?

Australia Family

CG

Cooper Grace Ward

Why good estate planning matters: Lessons from Kemp v Findlay

Australia Family

MD

McCarthy Durie Lawyers

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

Australia Family

CO

Carroll & O'Dea

Powers of Attorney: Who Will You Give This To?

Australia Family

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

Australia Family

JS

JB Solicitors

Helping Your Children Into The Property Market — The Right Way

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

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Can Wills Be Contested by Family and Friends?

Australia Family

JS

JB Solicitors

New English Language Requirements For Australian Visas

Australia Immigration

RM

Roam Migration Law

AI For Better Insurance

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

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

Explains difference between binding & non-binding nominations. A BDBN is essential in managing your superannuation after death.

Australia Family

HL

HHG Legal Group

What happens if you do without a Will in Australia?

Explains what happens when someone dies without a Will, how intestacy laws work & why it's important to plan ahead.

Australia Family

WT

Watkins Tapsell

How Do You Update Your Will in Australia?

Keeping your Will up to date is just as important as writing one in the first place.

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

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

Australia Family

KK

Kalus Kenny Intelex

5 Facts About Probate and Letters of Administration NSW

These ensure the proper management and distribution of a deceased person's assets, whether or not they left a valid will.

Australia Family

JS

JB Solicitors

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

Australia Family

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PCL Lawyers

Dying Without a Will

Some of the complexities that arise when someone dies without a will.

Australia Family

MO

Mellor Olsson Lawyers

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

Court's role in navigating competing moral claims in a blended family, where significant assets were held outside the estate.

Australia Family

BP

Bartier Perry

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?

Australia Family

CG

Cooper Grace Ward

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

Australia Family

M

McCabes

Cost of making a Will in NSW

Australia Family

JS

JB Solicitors

A homemade Will headache – untangling Re Negrean; Borbil v Borbil [2025] QSC 66

Australia Family

BP

Bartier Perry

Superannuation Death Benefits: Are Your Loved Ones Protected?

Australia Family

KK

Kalus Kenny Intelex

Private Client Comparative Guide

Australia Family

KK

Kalus Kenny Intelex

Deceased estate dilemma: What if the Will is missing?

Australia Family

PA

Piper Alderman

Executor of a Will: Challenges and solutions

Australia Family

CG

Clifford Gouldson Lawyers

When can I receive my share of an estate?

Australia Family

CG

Cooper Grace Ward

Testamentary Promise: High Court Upholds Farm Inheritance Claim

Australia Family

BP

Bartier Perry

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

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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

It Depends – Do I have a conflict of interest?

CG

Cooper Grace Ward

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

MO

Mellor Olsson Lawyers

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