Can you gift company assets in your Will? 

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 […]

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

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 […]

What happens when co-executors can’t agree? Lessons for will-makers and executors 

Co-executor disputes: 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 […]

Advising under an EPOA: Know your duties and risks

Duties as a Professional Advisor When Receiving Instructions Under an Enduring Power of Attorney?

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?