Wills & Estates

Under what circumstances should I modify or revoke my will?

Some events which may cause you to consider modifying or revoking your will are:

  • change in marital status: succession laws in Australia generally account for chan...

Can I make a gift for maintenance of my pet?

The position in Australia is that for the most part, a beneficiary must be a person in order for the courts to decree performance. Furthermore, in order for a valid trust to be created, a gift mus...

What happens to a superannuation benefit after the death of a member?

Much like other trusts, the death of a superannuation fund member does not affect the legal title of the trustee to the fund. However, the difference in regards to a superannuation fund, is that under...

Why is it importance to use the right words in your will?

It might not occur to us that when creating a will that using certain words or terms might be problematic. However, difficulties do sometimes arise, even when we may not foresee any issues. For exa...

What is beneficiary?

When your solicitor is drafting your Will, they will use the word "beneficiary" when referring to the people or organisations to whom you wish to give your assets.

Beneficiaries are the peo...

Do beneficiaries have to keep special records when they inherit an asset?


Generally, you have to keep special records when you inherit an asset. If the person you inherited the asset from acquired it before 20 September 1985, you need to know the market value of ...

As a sole executor of a will, what should I do if i cant track down assets mentioned in the will?

I am the sole executor of my brother's estate and he left a very complex and specific will in relation to his finances. Unfortunately, a lot of the property he identifies in his will has be...

What is the purpose or benefit of creating a living will?

This document would be of benefit to both medical practitioners who might have to present treatment options, and also to family members who might have to make treatment decisions when stress makes ...

What is a gift fund? What types of gifts can I give?

Firstly a gift fund is a fund, this means it is set up with a particular initial sum of money. Its purpose is the fund itself, and it is set up with the intention of being a gifting authority. All ...

What are some of the uses which can be made of my body after death?

Although most people plan to have a traditional funeral resulting in burial or cremation, many people would like their body to have a use after death.  Each state in Australia has its own legi...

Who can bring a family maintenance claim?

A family maintenance claim refers to a claim brought by someone who feels that they have not been adequately provided for under a deceased person’s will.  In order to bring a family main...

What are the key roles of an executor in administering an estate?

Executors have an important role in administering estates.  In essence, an executor is the person who is responsible for completing legal procedures which have to be followed before an estate ...

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