Australia: Wills/ Intestacy/ Estate Planning

Partners Scott Hay-Bartlem and Clinton Jackson break down the critical tax distinctions between superannuation benefits paid during a member's lifetime versus death benefits distributed after passing. They explore timing considerations, beneficiary designation rules, and strategic estate planning approaches to optimize tax outcomes and ensure effective management of superannuation death benefits.

The recent NSW decision determined proceedings brought by Mr Lofts (plaintiff) against Lawcover (insurer), regarding incorrect advice given by the plaintiff’s solicitor in relation to the transfer of property in a joint tenancy structure after death.

The Supreme Court of Victoria decided that the plaintiff’s attempt to contest the construction of deeds, after allowing an appeal to the Supreme Court of Victoria Court of Appeal and the High Court of Australia, on alternative grounds for appeal, has amounted to an abuse of process.

We examine three Qld court decisions handed down in 2025 to offer a revealing window into how courts approach these disputes today.

Estate planning can secure a family's future and allows a deceased's family peace of mind.

Claimants who cannot demonstrate genuine financial vulnerability risk early dismissal and adverse costs exposure.

Claimant starts legal action alleging broken promise to leave him the farm - he wins - daughter appeals to the HC. Who wins?

In this edition of It depends, associate Sacha Robinson explains what a direct descendants trust is and discusses when it might be a suitable choice for succession planning.

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