Can you gift company assets in your Will?
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 process progresses. If you are making a decision based on any […]
The $5.4 trillion wealth transfer: what families need to know about probate in Australia
The great wealth transfer has arrived Australia is entering one of the largest intergenerational wealth transfers in history. Over the next 20 years, an estimated $5.4 trillion in property, business assets, superannuation and investments will pass from one generation to the next. For family businesses, this is more than just an economic headline. It represents […]
Guaranteeing a child’s loan: an obligation that can outlive you
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 enter the housing market. Many parents agree to guarantee a loan for a child […]
Digital assets, cryptocurrency, and probate: don’t let your wealth disappear
Digital assets such as cryptocurrency and online accounts are easily lost after death without planning. Here’s what families and family businesses need to know about probate in the digital age.
What happens when co-executors can’t agree? Lessons for will-makers and executors
Appointing two executors might sound like a sensible way to share responsibility, indeed, it is something we often recommend. But what if those executors can’t agree, or worse, one refuses to act? The Supreme Court of New South Wales case Wise v Barry; The Estate of Robyn Margaret Wise [2018] NSWSC 1726 shows how easily an estate […]
Probate delays: why it takes so long to finalise an estate
Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
Excluded from a step-parent’s Will? What step-children should know in South Australia
When a parent dies and leaves everything to their spouse, many children choose not to contest the Will. Out of respect for their parent’s wishes, the grief involved, and the complexities of family life, they allow their step-parent to inherit everything. But years later, when that step-parent dies and excludes the step-child from their own […]
Can I sell property of a deceased estate before probate is granted?
You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!” But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do.
Advising under an EPOA: Know your duties and risks
As a professional adviser, you may have been instructed to manage personal wealth matters for clients in a way that benefits not only your client but also their families. Your client, like Mary, may have routinely provided regular financial support to their family – adult children, grandchildren, spouses, or even elderly parents. This support can be informal but deeply entrenched, often continuing for years.
But what happens when your client loses capacity, and their Enduring Power of Attorney (EPOA) takes effect?
Who pays when someone challenges a Will? A guide for Will-makers and executors in South Australia
If you’ve made a Will or you’re responsible for administering someone else’s estate, you might be concerned about the possibility of a challenge. Will a disgruntled family member make a claim? Could it result in lengthy court proceedings or large legal bills?