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.

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?

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?

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

Blockchain Bites: Blockchain Bites: ASIC Corporate Plan backs tokenisation work; Tokenised Funds move closer to launch with Cayman Consultation; Project Acacia: Australia's leap into tokenised finance

Australia Technology

PA

Piper Alderman

New road rules and driving offences come into effect across Australia

Australia Transport

SC

Sydney Criminal Lawyers

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

Visa Rules When Changing Employer Sponsors

Australia Immigration

IL

Interstaff Immigration Agency

Can Wills Be Contested by Family and Friends?

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

A will can be contested for lack of capacity, undue influence, fraud or formal defects, with successful challenges reverting to an earlier will or intestacy.

Australia Family

PP

Pointon Partners

It depends – Should my superannuation death benefit be paid to my estate, to be dealt with under my Will?

Transcript & link to video on whether your super death benefit should go to your estate under your Will.

Australia Family

CG

Cooper Grace Ward

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

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

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

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?

There's nothing in Australian law that disqualifies a beneficiary from being an executor of a Will.

Australia Family

JS

JB Solicitors

Contesting a Will in Australia: How Do You Succeed With It?

Beneficiaries or supposed beneficiaries can contest a Will with different and personal reasons for doing so.

Australia Family

JS

JB Solicitors

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

Australia Family

KK

Kalus Kenny Intelex

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

The challenges faced by adult grandchildren when seeking a share of their grandparent's estate.

Australia Family

BP

Bartier Perry

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

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

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

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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

It depends – Should my superannuation death benefit be paid to my estate, to be dealt with under my Will?

CG

Cooper Grace Ward

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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