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 […]
Administer a deceased estate (general assistance).
Deal with a deceased estate Administer a deceased estate We simplify estate administration so you can focus on honouring your loved one’s wishes. Administering a deceased estate is rarely as simple as reading the will and dividing up the assets. There are debts to identify and settle, creditors to notify, tax obligations to meet, a […]
Worried about legal costs for challenging a Will? A guide for claimants in South Australia
If you’ve been left out of a Will or believe the provision made for you is inadequate, you may be wondering whether you can apply for a greater share of the estate. You may also be worried about what it could cost you to make a claim. Under South Australia’s new Succession Act 2023 (SA) (the Act), people in […]
Rising probate costs: how court fees and legal costs impact estates
Probate filing fees now reach over $17,500 in some states, with rising legal costs adding pressure on executors. Here’s what families and family businesses need to know. The cost of probate is rising When someone passes away, dealing with their estate involves more than just grief and paperwork. Executors must navigate probate – the process of proving a Will […]
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 […]
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?