Articles | Genders and Partners

Expectation Management in Estate Planning

Of the many aspects of estate planning that require careful attention,

one of the least discussed – and arguably the most emotionally charged – is the management of beneficiaries’ expectations. People often assume, sometimes with great confidence, that they know what a relative intends to leave them. When the Will reveals something different, the consequences can range from family tension to costly litigation.
Effective expectation management is not merely a matter of interpersonal diplomacy. It is an integral part of sound estate planning that can spare families years of grief and legal expense.

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Estate Planning Disasters of the Rich and Famous

There is a tempting assumption that estate planning is something only the wealthy need to worry about, or conversely, that wealth itself ensures a smooth transfer of assets on death. Celebrity estate planning disasters emphatically disprove both propositions. The rich and famous are as capable of catastrophic estate planning failures as anyone else – and because their assets and family disputes tend to be played out in public, their mistakes offer instructive lessons for us all.
The following cases illustrate common estate planning failures and the principles that might have prevented them. All information in this article relates to Australian law under the Succession Act 2023 (SA) and its Commonwealth and common law equivalents.

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Who and how to appoint an Executor in your Will in South Australia

Choosing who will take on the role of Executor of your Will can sometimes be challenging.

Most Will-makers (aka ‘Testators’) appoint a trusted friend or family member as their executor. This person will end up playing a very important role, with a lot of responsibility.

If they instruct an experienced lawyer who specialises in Wills and Estates, then most of the ‘heavy-lifting’ will be done for them by the lawyer.

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When Family Trusts Turn Toxic: Trustee Duties, Distribution Disasters, and Removal Remedies

The family trust is one of the most elegant instruments in the Australian estate-planning toolkit. Flexible, tax-efficient, and capable of sheltering assets across generations, it has become a cornerstone of how families structure their wealth. According to some estimates, there are well over 800,000 discretionary trusts operating in Australia — the vast majority of them family vehicles, established with the best of intentions.

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Testamentary trusts in South Australia — protecting beneficiaries, minimising tax, and building flexibility into your Will

Testamentary Trusts: Building a Will That Protects Your Beneficiaries

When most people think about making a Will, they imagine a straightforward document that says who gets what when they die. For many Australians, that basic Will is all that is needed. But for others — particularly those with significant assets, complex family structures, or vulnerable beneficiaries — a Will that simply transfers wealth outright may not be the wisest choice.

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The role of an executor in South Australia

The Role of an Executor: What You Are Really Signing Up For

Being asked to serve as the executor of someone’s estate is, in most cases, an honour. It means the person who has died trusted you above all others to carry out their final wishes with care, diligence, and integrity. It is also, one must be candid, a substantial amount of work — and it comes with genuine legal obligations that many people do not fully appreciate until they are in the middle of the process.

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What Happens When You Die Without a Will in South Australia?

Approximately half of all Australian adults do not have a Will. For some, this reflects a deliberate (if misguided) choice; for most, it is simply the result of procrastination — of assuming there is plenty of time, that it will not matter, or that the law will sort things out. In practice, dying without a Will — a state known as dying ‘intestate’ — can have significant and sometimes distressing consequences for the people left behind.

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Enduring Power of Attorney in South Australia — choosing the right person to manage your financial affairs if you lose capacity

Enduring Powers of Attorney in South Australia: Choosing the Right Person to Manage Your Affairs

The decision to grant another person authority over your financial affairs is not one to be taken lightly. Yet it is a decision that every adult should address, because the alternative — having no plan in place if you lose capacity — can be far more disruptive, far more expensive, and far harder on your family than any act of foresight could be.

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Advance Care Directives in South Australia — planning for incapacity, appointing a substitute decision-maker, and end-of-life wishes

Advance Care Directives in South Australia: Planning for When You Cannot Speak for Yourself

None of us likes to contemplate a time when we may be unable to communicate our own wishes about medical treatment. Yet illness, accident, or the gradual decline that can accompany old age may leave us in precisely that position. An Advance Care Directive (ACD) is South Australia’s legal mechanism for ensuring that your voice is heard even when you cannot speak — and it is one of the most important documents an adult can have in place.

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Superannuation death benefit nomination and estate planning in Australia

The Ticking Time Bomb in Your Estate Plan: Why Your Superannuation Death Benefit Nomination Matters More Than You Think

For many Australians, superannuation is the largest single asset they will accumulate over a working lifetime. Yet despite its size, superannuation is also one of the most misunderstood assets from an estate planning perspective. The critical point — one that surprises many clients — is that your superannuation does not automatically pass according to your Will.

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