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.

Estate Planning, Vulnerability And The Hidden Risks Families Often Miss. Lessons From Waters v Frank

Australia's population is ageing and people are living longer than ever before. While increased longevity is a positive development, it also brings legal and practical challenges that are often underestimated, particularly when it comes to estate planning.

Australia Family

KK

Kalus Kenny Intelex

Business succession: Would your plan survive a crisis?

A well-structured succession plan preserves control, protects relationships, & ensures business continuity across generations. Business succession toolkit herein.

Australia Family

CG

Clifford Gouldson Lawyers

Access to wills - what you are entitled to know

In New South Wales, the law provides a clear pathway for certain people to inspect a deceased person's will and to obtain copies of it, even before probate is granted.

Australia Family

BP

Bartier Perry

Lessons from the courts: QLD estate disputes in 2025

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

Australia Family

RL

Roche Legal

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

Australia Family

JS

JB Solicitors

No financial need, no provision: carer wife's claim for share of husband's estate thrown out

Australia Family

PP

Pointon Partners

Understanding executor's commission in Queensland: a guide for clients

Australia Family

MD

McCarthy Durie Lawyers

Making a death benefit claim on superannuation or life insurance: strategies to strengthen your claim – part 3

Australia Family

CO

Carroll & O'Dea

The death of testamentary trusts?

Australia Family

HL

HHG Legal Group

It Depends – When Can Someone Challenge A Binding Death Benefit Nomination?

Australia Family

CG

Cooper Grace Ward

From iPhone note to courtroom: the dangers of DIY wills

Australia Family

BN

Barry Nilsson

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

Australia Family

JS

JB Solicitors

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

Australia Family

BP

Bartier Perry

Estates Court Processes To Improve

Australia Family

KK

Kalus Kenny Intelex

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

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

Australia Commercial

CC

Corrs Chambers Westgarth

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

Australia Environment

CC

Corrs Chambers Westgarth

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

CG

Cooper Grace Ward

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

Planning For Vulnerable Loved Ones After You Pass

This guide explains how protective trusts can help families financially plan for and protect assets to benefit their vulnerable loved ones after they pass.

Australia Family

CO

Carroll & O'Dea

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

A Will, also known as a Testament, is a legal document that states a person's wishes about their estate's distribution.

Australia Family

JS

JB Solicitors

Simple Will vs Complex Will: What Will You Need?

Simple Wills and complex Wills both contain how a testator (the Will-maker) wants to distribute their assets and how to handle their death.

Australia Family

JS

JB Solicitors

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

When might it be ok if the trustee or executor were broke or 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

S

Stacks Law Firm

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

Australia Family

CG

Cooper Grace Ward

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

Australia Family

S

Swaab

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

Australia Family

JS

JB Solicitors

What Is A Grant Of Probate?

Australia Family

MD

McCarthy Durie Lawyers

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

Australia Family

JS

JB Solicitors

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

S

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

JS

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

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

What is a FD trust? What does bringing kids into conrol look like? So should I?

Australia Family

CG

Cooper Grace Ward

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

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

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

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

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

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Latest Videos

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

CG

Cooper Grace Ward

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

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