Testamentary Trusts Explained
How testamentary trusts work, when they're useful, and the asset-protection and tax-planning benefits they can offer your beneficiaries.
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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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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.
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.
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.
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.
Many families assume that a person diagnosed with dementia cannot make a valid Will. In reality, the legal position is often more complex.
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.
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 the difference between mutual wills and mirror wills, how they work, and whether they are suitable for couples and blended families.
Learn when Letters of Administration are required, who can apply, how the Supreme Court process works and how estates are administered in Victoria.
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.
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.
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.
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.
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.
Pets cannot inherit under Australian law — but a well-drafted Will can still make sure they are loved, fed and cared for. How to choose a carer, leave funds, and record your wishes.
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 guide to enduring powers of attorney and medical treatment decision makers under Victorian law — and what happens if you don't have one.