Australia: Wills/ Intestacy/ Estate Planning

Financial abuse is one of the most common forms of elder abuse in Australia, yet it often goes undetected because it occurs within trusted relationships. This article examines how older Australians with significant assets become vulnerable to exploitation, the legal principles courts apply to protect them, and the critical warning signs families and legal professionals should recognize.

For families caring for a person with a severe disability, understanding how to provide long-term financial security while maintaining access to social security benefits presents unique challenges. Special Disability Trusts offer a structured legal solution with significant asset-test exemptions and gifting concessions, but navigating the complex eligibility requirements, compliance obligations, and determining whether this structure suits your family's circumstances requires careful consideration.

What should farming families consider when one child works in the business and other children do not?

One of the most emotionally charged questions in any property settlement is the treatment of inherited wealth. For a party who has received a significant bequest from a parent, or who expects to do so, the instinct is clear: this money came from my family and has nothing to do with the marriage. The law's answer is more nuanced and understanding it early can make a substantial difference to the outcome.

Alongside the emotional impact of a death, executors and family members are often faced with the practical task of administering the deceased’s estate.

When does a romantic relationship cross the legal threshold into a de facto relationship, and what are the financial consequences when it doesn't? The landmark case of Cizek & Mihov reveals how a decade-long relationship involving substantial financial support can still fail to meet the legal definition, leaving one partner with no property settlement rights despite years of apparent commitment.

Whether the Court of Appeal should overturn a decision of the County Court to refuse to directly join the respondents’ insurers to a proceeding seeking damages for allegedly defective plumbing works carried out by the respondents, and whether there was any error in the trial judge’s interpretation of the relevant Ministerial Order.

The 2026 Federal Budget has introduced significant changes to how discretionary trusts, including testamentary discretionary trusts (TDTs), will be taxed. If passed, these changes have far-reaching implications for estate planning strategies that many families use to protect and pass on wealth.

Understanding how proposed changes to trust taxation may affect your estate planning can be challenging, particularly when considering how assets are structured and passed on to future generations.