Practice area
A library of plain-English guides on preparing a valid Will, testamentary trusts, superannuation, and the everyday decisions that make an estate plan effective in Victoria.
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A practical guide to making a valid Will in Victoria, including capacity, executors, beneficiaries, signing, witnessing, storage and later updates.
A reverse mortgage lets an older homeowner borrow against home equity while ordinarily keeping ownership, with repayment postponed until a contractual trigger. This Victorian guide explains the consumer-credit protections that apply, what the credit contract and mortgage actually control, how capacity and enduring powers of attorney affect the transaction, what happens to a spouse or co-resident, and how the debt is dealt with on a move into aged care or on death.
A Victorian advance care directive can contain an instructional directive, a values directive, or both. This guide explains the legal difference under the Medical Treatment Planning and Decisions Act 2016 (Vic), the formal signing and witnessing requirements, when each type of statement operates, what health practitioners and medical treatment decision makers must do with it, and the limits and exclusions that apply.
Treasury's July 2026 consultation paper proposes conditions for exempting testamentary trusts from the proposed 30% minimum trust tax from 1 July 2028. This article explains the announced exemption, the principal unresolved issues, and what will-makers, executors and trustees should consider now.
A practical Victorian checklist of the legal and financial mistakes to avoid in the first weeks after a death — estate assets, funeral arrangements, bank accounts, probate, property, debts and executor authority.
How inheritances are treated in property settlements under ss 79 and 90SM of the Family Law Act 1975 (Cth) — no automatic exclusion or inclusion, and the treatment of received, vested and expectancy interests turns on timing, use and the just-and-equitable requirement on the evidence.
A practical Victorian guide to appointing a supportive attorney under the Powers of Attorney Act 2014 (Vic) — what a supportive attorney can and cannot do, how it differs from an enduring power of attorney, capacity requirements, the correct form and witnessing, decision-support rather than substitute decision-making, third-party recognition, revocation and safeguards against abuse.
A practical Victorian guide to applications at VCAT for guardianship, administration, supportive guardianship and supportive administration orders under the Guardianship and Administration Act 2019 — decision-making capacity, less restrictive alternatives, will and preferences, evidence, hearings, the powers and duties of appointees and how orders are reassessed, varied or cancelled.
How residential aged-care costs work in Australia — Refundable Accommodation Deposits, Daily Accommodation Payments, means-tested contributions and the legal issues families should check before agreeing to any arrangement.
A practical guide to choosing an executor in Victoria, including duties, suitability, multiple executors, substitutes, conflicts, costs and professional options.
A practical guide to estate planning risks when superannuation death benefits may pass to adult children — dependency, tax warnings, blended families and estate disputes.
Comprehensive Victorian executor's guide covering appointment, probate, collecting and protecting estate assets, liabilities, beneficiary rights, fiduciary duties, co-executor and removal issues, executor remuneration, estate taxation, distributions, delays, personal liability, estate litigation, finalisation and a practical executor checklist.
A practical Victorian guide to binding death benefit nominations — eligible beneficiaries, lapsing and non-lapsing nominations, fund rules, common mistakes and estate planning risks.
Why superannuation isn't automatically controlled by a Will — how binding death benefit nominations work, when super should be paid to the estate, and the estate planning issues to consider.
When a parent's legal duty to support a child ends in Australia — including child support, adult child maintenance, university students, disability and estate planning.
A practical Australian guide for business owners, family groups, trustees, appointors, executors and advisers on what happens to a family trust when the appointor dies — the appointor role, succession clauses in trust deeds, the executor's involvement, control of family businesses after death, asset protection, taxation considerations and common mistakes.
An executor occupies a position of trust and must act in the best interests of the estate and beneficiaries. Learn about fiduciary duties in Victoria.
Answers to common questions about probate, letters of administration, executors, estate assets, funeral expenses, debts and deceased estate administration in Victoria.
Learn who can arrange a funeral in Victoria, what legal documents may be needed, who pays funeral costs, and how disputes about funeral arrangements may arise.
A deed of family arrangement can help beneficiaries vary how estate assets are distributed. Learn when it may be used, key risks, tax issues and when to seek legal advice.
Learn when Letters of Administration are required, who can apply, how the Supreme Court process works and how estates are administered in Victoria.
What intestacy means in Victoria, who administers an estate without a Will, how Letters of Administration work, and the statutory rules that decide who inherits.
Not every disputed Will involves a lack of testamentary capacity. Learn the difference between undue influence and capacity challenges in Victoria.
When a Will is challenged on capacity grounds, medical evidence can be highly influential. Learn how medical records and expert opinions are considered in Victoria.
A practical guide to enduring powers of attorney and medical treatment decision makers under Victorian law — and what happens if you don't have one.
Being appointed as an attorney can be a significant responsibility. Learn when and how an attorney may resign from the role in Victoria.
An attorney appointed under an enduring power of attorney must act in the principal's best interests. Learn what options may be available if concerns arise about misuse of authority.
The most common mistakes Victorians make when appointing an enduring power of attorney — choosing the wrong attorney, conflicts of interest, capacity, record keeping and how to prevent financial abuse.
When and how an enduring power of attorney can be revoked in Victoria — capacity, the formal revocation process, notification, replacing an attorney, family disputes and Court involvement.
How testamentary trusts work, when they're useful, and the asset-protection and tax-planning benefits they can offer your beneficiaries.
A clear explanation of why every adult in Victoria should have a valid Will, what happens without one, and how to make sure your wishes are properly recorded.
A practical Australian guide for will-makers, executors, trustees, beneficiaries, accountants and advisers on the taxation of testamentary trusts — present entitlement, excepted trust income for minors, streaming franked dividends and capital gains, sections 99 and 99A, TFNs, trust tax returns, anti-avoidance limits and common trustee mistakes.
Testamentary capacity is the legal test for whether a person can make a valid Will. Learn how it is defined, assessed and challenged in Victoria.
Many families assume that a person diagnosed with dementia cannot make a valid Will. In reality, the legal position is often more complex.
Learn the difference between mutual wills and mirror wills, how they work, and whether they are suitable for couples and blended families.
When the Supreme Court of Victoria will recognise an informal document — including a text message, email or computer file — as a valid will under the Wills Act 1997 (Vic).
How wills, testamentary trusts, life interests and superannuation nominations can help blended families balance the interests of a new spouse and children from earlier relationships.
When a loved one has lost capacity and has no Will — or an outdated one — the Supreme Court of Victoria may authorise a statutory will. A plain-English guide for families on how it works and when it applies.
How Victorians can provide for a pet in a Will: choosing carers, funding care, executor powers, incapacity planning and practical contingencies.
