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.

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

Michael Byrnes discusses the Westpac WFH case on 2SM with Tim Webster

Australia Employment

S

Swaab

AI is now a WHS issue in NSW. Are employers ready?

Australia Employment

CG

Clifford Gouldson Lawyers

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

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

CG

Cooper Grace Ward

Is Your Estate Plan On The 'Nice' List?

Australia Family

KK

Kalus Kenny Intelex

It depends – Does my family discretionary trust need an appointor?

Transcript & link to video – what is an appointor? Why have one? Does a FD trust need one?

Australia Family

CG

Cooper Grace Ward

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

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

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

Recent case shows that not all claims warrant compromise & that courts are willing to protect estates against opportunistic litigation.

Australia Family

PP

Pointon Partners

Madness, mobility and modernisation: what Banks v Goodfellow still teaches us about will making capacity

BvG shows testamentary capacity is about understanding & intention, not perfection. This principle must guide us even in today's digital age.

Australia Family

BP

Bartier Perry

Superannuation and estate planning

Superannuation is one of the most significant assets Australians hold, but unlike other assets, it does not automatically follow your will.

Australia Family

MD

McCarthy Durie Lawyers

It depends – What happens to the appointor role in my family discretionary trust when I die?

Transcript & link to video discussing what is an appointor? What happens when an appointor dies? What if I don't like what my trust deed says?

Australia Family

CG

Cooper Grace Ward

Why good estate planning matters: Lessons from Kemp v Findlay

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

Explains difference between binding & non-binding nominations. A BDBN is essential in managing your superannuation after death.

Australia Family

HL

HHG Legal Group

What Happens If You Die 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

What Happens To Your Crypto And Cloud After You Die? Why Your Online Life Needs A Will

Australia Family

KK

Kalus Kenny Intelex

Is Your Estate Plan Crash-Proof?

Australia Family

KK

Kalus Kenny Intelex

New Aged Care Restrictive Practices Law Mean New Decisions For Estate Planning

Australia Family

KK

Kalus Kenny Intelex

The benefits of discussing your will and estate plans with family before you pass away

Australia Family

P

PCL Lawyers

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

Australia Family

CG

Cooper Grace Ward

No will, no direction: The estate of Liam Payne and understanding law of intestacy

Australia Family

S

Swaab

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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

It Depends – Family trust change of trustee (part 3 – debts and liabilities)

CG

Cooper Grace Ward

"Full Disclosure" Podcast, Vol. 17: The importance of getting your affairs in order

MO

Mellor Olsson Lawyers

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