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.
Director loan repayments and solvency: what makes them ‘reasonable’
It is not unusual for companies, particularly newer, capital-constrained ones, to accept loans from, or make repayments to directors (or their associates). This might be for working capital, bridging shortfalls, or to enable new business initiatives. However, director-related loans carry unique risk: in a liquidation, a liquidator may seek to claw back some or all […]
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 […]
Protecting your trust: planning for trustee incapacity before it happens
If you are creating a testamentary or discretionary trust, you want to know it will operate smoothly long after you are gone. But what happens if the trustee you appoint loses the capacity to make decisions? Without the right safeguards, the trust you designed to protect your beneficiaries could grind to a halt – leaving assets unmanaged, distributions delayed, and […]
Bucket vs Banker: How the right company structure can supercharge your family wealth strategy
Two strategic tools, the ‘bucket company’ and the ‘banker company’. Both strategies offer high-net-worth families a way to cap tax exposure, preserve capital, and support long-term intergenerational planning.
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.
Should I involve my children in the control of my family trust?
Budget Update Notice: The 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 […]
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 […]
Being a director of a family farm: it’s more than a title
In Australian farming communities, family means everything. It’s not unusual to see surnames etched into gates, signposts, and silos, each a tribute to generations of hard work. But behind the name on the gate, the way a business is legally structured can make or break a legacy. And one seemingly harmless paperwork decision can lead […]