Australia: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Safety First: Firearms & Estate Planning

Firearm owners should plan ahead by addressing the requirements for their firearms to prevent leaving an administrative burden on their loved ones after their passing.

Australia Family

CG

Clifford Gouldson Lawyers

Why Your Simple Will Might Not Be So Simple After All

A Will is not just about distributing assets, it is also about defining who manages your estate, who can inherit, and what constitutes your estate.

Australia Family

HL

HHG Legal Group

Making A Death Benefit Claim On Superannuation Or Life Insurance: Your FAQs Answered – Part 1

In this article, we address five common questions people often have when considering a death benefit claim.

Australia Family

CO

Carroll & O'Dea

Promissory Estoppel: "One day all this will be yours..." - Which case won?

Claimant starts legal action alleging broken promise to leave him the farm - he wins - daughter appeals to the HC. Who wins?

Australia Commercial

S

Stacks Law Firm

It Depends – What Is A Direct Descendants Trust And Is It Appropriate For My Client?

Australia Family

CG

Cooper Grace Ward

Love may be dead, but the inheritance lives on: Takeaways from Chie v Veale

Australia Family

S

Swaab

Executor of a Will: How Hard Can This Role Be?

Australia Family

JS

JB Solicitors

What Is A Grant Of Probate?

Australia Family

MD

McCarthy Durie Lawyers

Contested Wills: How Hard Is It To Contest A Will?

Australia Family

JS

JB Solicitors

It depends – Does my family discretionary trust need an appointor?

Australia Family

CG

Cooper Grace Ward

Intergenerational Wealth Transfer

KW

King & Wood Mallesons

How The Trustee Can Remove The Appointor

Australia Family

PP

Pointon Partners

Have you reviewed your discretionary trust lately? Frequently asked questions

Australia Family

MO

Mellor Olsson Lawyers

Administering life interests in a changing world: construction and trustee powers in Estate of Chaddock (Deceased) [2025] NSWSC 463

Australia Family

BP

Bartier Perry

Essential ESG: Episode 25 – Operating Responsibly In Conflict-affected Areas: The Role Of Grievance Mechanisms

Australia Commercial

CC

Corrs Chambers Westgarth

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Fair Work Commission Backs Employee in Remote Work Dispute with Westpac

Australia Employment

M

McCabes

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

It Depends – What Is A Direct Descendants Trust And Is It Appropriate For My Client?

Australia Family

CG

Cooper Grace Ward

It depends – Should you involve your kids in the control of your family discretionary trust?

What is a FD trust? What does bringing kids into conrol look like? So should I?

Australia Family

CG

Cooper Grace Ward

Choosing the right executor for your will

Choosing the right executor is a vital act of care, ensuring your estate is handled smoothly and your loved ones are spared stress or conflict.

Australia Family

HL

HHG Legal Group

Protecting Your Tomorrow, Today: The Importance Of An Enduring Power Of attorney

A power of attorney is a legal document which appoints an individua to manage your legal and financial affairs on your behalf.

Australia Family

S

Swaab

So You've Updated Your Estate Plan, But What Happens To The Family Trust When You Die?

Family discretionary trusts are a common way to preserve wealth, protect assets and ensure they are passed down to lineal descendants.

Australia Family

KK

Kalus Kenny Intelex

Why Estate Planning Is Just As Important In Your 20's As Your 60's

Australia Family

KK

Kalus Kenny Intelex

When executors should stand firm: Court rejects "extravagant" TFM claim with heavy costs consequences

Australia Family

PP

Pointon Partners

Madness, mobility and modernisation: what Banks v Goodfellow still teaches us about will making capacity

Australia Family

BP

Bartier Perry

Superannuation and estate planning

Australia Family

MD

McCarthy Durie Lawyers

It depends – What happens to the appointor role in my family discretionary trust when I die?

Australia Family

CG

Cooper Grace Ward

Why good estate planning matters: Lessons from Kemp v Findlay

Australia Family

MD

McCarthy Durie Lawyers

Superannuation and your Estate – are your children really protected? Lessons from Steele v Host-Plus Pty Limited as trustee for the Hostplus Superannuation Fund [2025] FCA 668

Australia Family

CO

Carroll & O'Dea

Powers of Attorney: Who Will You Give This To?

Australia Family

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

Australia Family

JS

JB Solicitors

Helping Your Children Into The Property Market — The Right Way

Australia Family

MD

McCarthy Durie Lawyers

Superannuation and your Estate – are your children really protected? Lessons from Steele v Host-Plus Pty Limited as trustee for the Hostplus Superannuation Fund [2025] FCA 668

In recent case, Court confirmed superannuation doesn't automatically go to children without a binding nomination, stressing the importance of estate planning.

Australia Family

CO

Carroll & O'Dea

Powers of Attorney: Who Will You Give This To?

This article how you can apply for a power of attorney and who you can entrust this responsibility to.

Australia Family

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

Family members and even close friends might have wanted more or believed that there were discrepancies in the Will.

Australia Family

JS

JB Solicitors

Helping Your Children Into The Property Market — The Right Way

The way that assistance is structured can have long-lasting consequences — both financial and personal.

Australia Family

MD

McCarthy Durie Lawyers

Challenging the validity of a will in Victoria: what you need to know

Australia Family

PP

Pointon Partners

How Do You Update Your Will in Australia?

Keeping your Will up to date is just as important as writing one in the first place.

Australia Family

WT

Watkins Tapsell

It depends – Can my superannuation death benefit be paid to my stepchild?

Transcript & link to video discussing to whom your superannuation death benefit can be paid.

Australia Family

CG

Cooper Grace Ward

"He was like a father to me, that's why he left me his estate in an informal will." Which case won?

A case in NSW revolved around the question of whether a note on a mobile phone should be admitted to probate as an informal will.

Australia Family

S

Stacks Law Firm

Capacity and undue influence: The curious story of Beverley Brooker

Testamentary capacity is a vital component to the will-making process.

Australia Family

B

Barry Nilsson

A "special" trust deed variation and lessons for estate planning

Australia Family

PA

Piper Alderman

Can A Beneficiary Be An Executor Of A Will In Australia?

Australia Family

JS

JB Solicitors

Contesting a Will in Australia: How Do You Succeed With It?

Australia Family

JS

JB Solicitors

5 Facts About Probate and Letters of Administration NSW

Australia Family

JS

JB Solicitors

What Happens To Your Crypto And Cloud After You Die? Why Your Online Life Needs A Will

Australia Family

KK

Kalus Kenny Intelex

Is Your Estate Plan Crash-Proof?

Australia Family

KK

Kalus Kenny Intelex

New Aged Care Restrictive Practices Law Mean New Decisions For Estate Planning

Australia Family

KK

Kalus Kenny Intelex

The benefits of discussing your will and estate plans with family before you pass away

Australia Family

P

PCL Lawyers

It depends – Can my superannuation death benefit be paid to my siblings?

Australia Family

CG

Cooper Grace Ward

No will, no direction: The estate of Liam Payne and understanding law of intestacy

Australia Family

S

Swaab

What Happens to Your SMSF When You Die?

Australia Family

P

PCL Lawyers

Grandchildren And Family Provision Claims: A Hard Lesson From Broadus V Cradduck

Australia Family

BP

Bartier Perry

Dying Without a Will

Australia Family

MO

Mellor Olsson Lawyers

Unfulfilled Intentions, Family Provision and Notional Estate in Boyd v Roberts

Australia Family

BP

Bartier Perry

Challenging a will in Victoria: understanding Family Provision claims

Australia Family

PP

Pointon Partners

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Latest Videos

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Powers of Attorney: Who Will You Give This To?

JS

JB Solicitors

Can Wills Be Contested by Family and Friends?

JS

JB Solicitors

What happens to your inheritance in a divorce or separation?

P

PCL Lawyers

It Depends – Family trust change of trustee (part 2 – change method)

CG

Cooper Grace Ward

"Full Disclosure" Podcast, Vol. 17: The importance of getting your affairs in order

MO

Mellor Olsson Lawyers

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