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.

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

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

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

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

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

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

Block earner triumphs in ASIC appeal

Australia Technology

PA

Piper Alderman

Cyber-Flashing Laws, Offences and Penalties in Australia

Australia Criminal

CD

Criminal Defence Lawyers Australia

Immigration And Australian Federal Election Campaign Promises

Australia Immigration

IL

Interstaff Immigration Agency

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

Addressing the Surge in Youth Crime in NSW

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

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?

Discussion about whether your superannuation death benefit can be paid to your siblings.

Australia Family

CG

Cooper Grace Ward

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

What does it mean to die intestate', and what would happen if you fail to execute a valid will before you die?

Australia Family

S

Swaab

What Happens to Your SMSF When You Die?

Many Australians overlook a critical question when succession planning — "what happens to their SMSF upon their death?"

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

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

"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

Discusses the different ways you can go about making a will & the costs associated.

Australia Family

JS

JB Solicitors

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

Re Negrean; Borbil v Borbil [2025] QSC 66.

Australia Family

BP

Bartier Perry

Superannuation Death Benefits: Are Your Loved Ones Protected?

The recent release of the ASIC's Report 806: Taking Ownership of Death Benefits – How Trustees Can Deliver Outcomes Australians Deserve has shed light on significant inefficiencies in the superannuation death benefit claims process.

Australia Family

KK

Kalus Kenny Intelex

Private Client Comparative Guide

Australia Family

KK

Kalus Kenny Intelex

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

Recent HC ruling clarified the doctrine of proprietary estoppel & how promises are treated under Australian Law.

Australia Family

HL

HHG Legal Group

What happens to your inheritance in a divorce or separation?

When it comes to inherited property during a breakup, legal frameworks offer some guidance but often leave room for interpretation.

Australia Family

P

PCL Lawyers

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

An executor of the estate is always expected to act in the best interests 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

How to transfer a property to spouse after death

Australia Family

P

PCL Lawyers

Wills and Estates Newsletter – October 2024

Australia Family

CO

Carroll & O'Dea

The importance of making a will for parents in Australia

Australia Family

CO

Carroll & O'Dea

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Latest Videos

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What happens to your inheritance in a divorce or separation?

P

PCL Lawyers

What is the difference between a Mirror Will and a Mutual Will?

CG

Cooper Grace Ward

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

MO

Mellor Olsson Lawyers

It Depends – Intergenerational succession

CG

Cooper Grace Ward

It Depends – Do I need a Will?

CG

Cooper Grace Ward

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