Step-children and family provision claims: what step-parents in SA need to know
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 step-children under new Succession Act 2023 (SA) (the Act). Under section 115, step-children are now expressly eligible to apply for family provision […]
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 […]
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.
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.
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?
Paying debts and liabilities: a guide for executors in South Australia
Get insights into estate administration, including legal obligations for executors in managing debts after someone passes away.
What legal issues do you need to look out for in 2025?
With the coming of a new year come new ideas, plans and goals. Sometimes these may come about because of a change in circumstances and needs. In other cases, these may be a necessary undertaking due to a change in law, regulation or requirements. Here are some legal issues that we think will be hot issues in 2025 and our tips to help you navigate them.
Navigating the future: key changes in South Australia’s Succession Act 2023
Does your Will need an update following the changes to the Succession Act 2023 (South Australia) commenced operation in South Australia on 1 January 2025?