Articles | Genders and Partners

Small Estates: When You Might Not Need a Full Grant of Probate

Lawyer reviewing estate documents for probate in South Australia

Many people assume that every deceased estate must go through a formal Grant of Probate before anything can be done. In reality, where an estate is modest in size and straightforward in nature, South Australian law and long-standing institutional practice allow for simpler, cheaper, and faster ways of finalising a person’s affairs. Understanding when a small estate can bypass the full probate process – and when it cannot – can save a grieving family significant time, expense, and paperwork.

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Weird Probate Issues Part 3: Famous Last Words

They say you cannot take it with you — but that has never stopped some people from trying to have the last word. Our earlier Weird Probate Issues articles proved so popular that we have developed an entire series. This instalment features fourteen individuals who used their Wills to make extraordinary, eccentric, and sometimes frankly bizarre final demands. While entertaining, each example carries a serious reminder: your Will is a legal document. Getting it right matters.

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Reversionary pension and binding death benefit nomination in South Australia

Reversionary Pensions and Death Benefit Nominations: Why Your Super Pension Needs Both

Many retirees drawing an account-based pension from their superannuation fund assume that a binding death benefit nomination is all that is needed to ensure their spouse or dependant continues to receive an income after they die. In fact, once a pension is already being paid, a separate and often more powerful mechanism – the reversionary beneficiary nomination – can determine what happens far more directly, and the two mechanisms can interact in ways that catch people out if not properly understood.

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Dont Neglect the Softer Side of Estate Planning

Do Not Neglect the Softer Side of Estate Planning

Most people, when they think of estate planning, think of Wills, trusts, and the distribution of assets. These are the hard, structural elements of a plan — the legal architecture that determines who receives what, and when. They are undeniably important. But there is another dimension that is just as significant and far less often addressed: the softer side.

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Deeds of Family Arrangement: Varying a Will by Agreement

Deed of family arrangement — varying a Will by agreement in South Australia

A Will represents the deceased’s wishes at the time it was made, but it is not always the final word on how an estate is actually distributed. Where all the relevant beneficiaries agree, it is often possible to vary the distribution set out in a Will (or under the rules of intestacy) by entering into a deed of family arrangement. This can be a faster, cheaper, and less adversarial alternative to a family provision claim or other estate litigation, but it comes with its own legal, tax, and practical considerations that are worth understanding before beneficiaries shake hands on an informal deal.

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Genders and Partners Dementia will soon become Australia's Leading Cause of Death

Dementia and Estate Planning: Act Before It Is Too Late

Dementia is now among Australia’s leading causes of death. The number of Australians living with dementia is projected to rise significantly in the decades ahead as the population continues to age and curative treatments remain elusive. For families and individuals, the implications extend far beyond medical care. Dementia reaches into estate planning, legal capacity, and financial security in ways that too few people address until it is too late.

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Business succession planning for Australian business owners — integrating your Will with your business structure

Choosing the Right Business Structure for a Smooth Succession

Business owner reviewing documents at an office desk

Business owners typically choose their operating structure – sole trader, partnership, company, or family trust – based on tax efficiency, liability protection, or simply what their accountant recommended at the time the business began. Succession is rarely the first consideration, and yet the structure a business operates under has an enormous influence on what happens to it when an owner dies, becomes incapacitated, retires, or wishes to bring in the next generation. Revisiting whether the original structure still serves the business’s succession needs is one of the most valuable, and most neglected, exercises a business owner can undertake.

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Binding death benefit nomination — superannuation estate planning in South Australia

Binding Death Benefit Nominations: The Superannuation Decision That Could Cost Your Family Dearly

Superannuation is, for many Australians, their most significant financial asset. Yet it is also one of the most misunderstood aspects of estate planning. A common misconception is that your Will controls who receives your superannuation when you die. It does not. Your super sits outside your estate and is governed by an entirely separate legal framework — one that hinges on a critical document known as a Death Benefit Nomination.

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Professional man reviewing documents at a modern office desk.

Advertising for Creditors: How Executors Protect Themselves Before Distributing an Estate

Executor advertising for creditors — South Australia estate administration

Being appointed executor of a loved one’s estate carries a surprisingly personal risk: if you distribute the estate and an unknown debt later surfaces, you can be held personally liable for it. Fortunately, South Australian law provides executors with a well-established form of protection – advertising for creditors before distribution. This article explains what the process involves, why it matters, and how it fits into the broader timeline of administering a deceased estate.

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Special Disability Trusts in Australia — securing long-term financial care for a loved one with a severe disability through estate planning

Special Disability Trusts: Securing the Future for a Loved One with a Disability

For parents and carers of a person with a severe disability, the question of “what happens when I am no longer here?” can be one of the most anxious preoccupations of their lives. How will their loved one be cared for? Who will manage their affairs? Will a sudden inheritance disqualify them from means-tested government support? A Special Disability Trust (SDT) is a legal structure specifically designed to address these concerns, offering significant tax and social security advantages while providing a dedicated fund for a beneficiary’s care and accommodation needs.

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