Australia: Wills/ Intestacy/ Estate Planning

Contesting a will involves navigating complex legal procedures, from obtaining estate information and establishing eligibility to gathering evidence and potentially filing court applications. Understanding the step-by-step process, including negotiation options and court determinations, can help eligible persons assess whether they have grounds to challenge inadequate provision in a deceased's estate.

Navigating the divorce process in New South Wales requires understanding specific eligibility requirements, documentation needs, and court procedures. From establishing the mandatory 12-month separation period to lodging your application through the Commonwealth Courts Portal, each step involves precise legal requirements that must be satisfied before your marriage can be formally dissolved.

The 2026 federal Budget introduced significant changes to capital gains tax, negative gearing, and discretionary family trusts that may impact your estate planning strategy.

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.

A testamentary trust is created under a will and only comes into existence on death.

In this edition of It Depends, associate Sarah Camm discusses binding death benefit nominations and the circumstances when they can be challenged.

Recent case highlights the costly risks of DIY Wills & the importance of seeking proper legal advice when preparing your estate plans.