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.

Intergenerational Wealth Transfer

Much has been written about the ever approaching "unprecedented" intergenerational wealth transfer, in which between AU$3.5 trillion and Au$5.4 trillion in assets is expected to pass from the Baby Boomers to their heirs.

KW

King & Wood Mallesons

How The Trustee Can Remove The Appointor

Risks involved when establishing trusts without having the proper checks and balances in place.

Australia Family

PP

Pointon Partners

Have you reviewed your discretionary trust lately? Frequently asked questions

An outdated discretionary trust can undermine asset protection & succession goals.

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

Trustees are not necessarily confined to the provisions of a testamentary life estate, but can sometimes be assisted by the statutory powers in the Trustee Act.

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

S

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

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

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

Employing Work And Holiday Makers Beyond Six Months | Staying Compliant

Australia Immigration

IL

Interstaff Immigration Agency

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Inside Safety Podcast Series - Episode 2 Spotlight On Silica – Recent Developments And Trends

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Navigating The Implications Of The Supermarkets Ruling: A Guide For Employers

Australia Employment

HR

Holding Redlich

Dealmaking in Australia: the current state of play and the impact of regulation

Australia Commercial

CC

Corrs Chambers Westgarth

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 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

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

Transcript & link to video discussing to whom your superannuation death benefit can be paid.

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?

A case in NSW revolved around the question of whether a note on a mobile phone should be admitted to probate as an informal will.

Australia Family

S

Stacks Law Firm

Capacity and undue influence: The curious story of Beverley Brooker

Testamentary capacity is a vital component to the will-making process.

Australia Family

B

Barry Nilsson

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

Did the trustee validly amend a trust deed to remove & replace the Appointor. Case highlights key risks in trust control & estate planning.

Australia Family

PA

Piper Alderman

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

Australia Family

JS

JB Solicitors

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?

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?

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

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

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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 – Intergenerational succession

CG

Cooper Grace Ward

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