The clock is ticking: why your estate plan could be undermined by forgotten loans
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 and maintain those loan arrangements, your executor may discover too late that the loans are no longer legally enforceable. This article explains how the six-year limitation […]
Estate planning and Will preparation
Pass on your wealth Estate planning and Wills Pass on your wealth to the people you love. You know you need to get your estate in order – but whenever you sit down to think about it, you are not sure where to start, and it is easy to put aside. The difficulty is that […]
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 […]
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
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 […]
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 […]
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?