Main residence CGT exemption and deceased estates: Why occupation rights matter 

by Bailey Selth | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

It is common for Wills to include arrangements that allow a family member to remain living in the family home for a period after the will-maker’s death.  In circumstances where the home continues to be occupied as a residence prior to sale by the estate, the main...

What to do if you suspect misuse of an enduring power of attorney  

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

​​Suspecting that someone is misusing an enduring power of attorney can be very distressing, particularly when it involves a family member. Knowing the warning signs of elder financial abuse and understanding what legal options are available can make all the...

The clock is ticking: why your estate plan could be undermined by forgotten loans 

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

If you’ve loaned money to a child, a family trust, or to entities within your personal investment or business structure, you might assume those debts will be honoured, or at least recognised, when you pass away. However, unless steps are taken to formally record...

Step-children and family provision claims: what step-parents in SA need to know

by ADLV Law Team | 8 - Pass on your wealth (including EP), 9 - Deal with a deceased estate (Administration)

Blended family dynamics can be complicated, especially when it comes to estate planning. If you’re a step-parent preparing your estate plan, you may feel uneasy about recent changes in South Australian succession law, particularly the expanded rights of...

Can you gift company assets in your Will? 

by ADLV Law Team | 8 - Pass on your wealth (including EP)

Budget Update NoticeThe 2026/27 Federal Budget contains proposals that may affect the information in this article. As at the date of this notice, these are proposed measures and have not yet passed into law. We are reviewing and updating our content as the legislative...

Guaranteeing a child’s loan: an obligation that can outlive you

by ADLV Law Team | 8 - Pass on your wealth (including EP)

As property prices and borrowing challenges persist in Australia, more families are turning to guarantor loans (commonly referred to in the media as the ‘Bank of Mum and Dad’), with brokers reporting significant growth in parents providing guarantees to help children...