Rod Genders is a senior Australian lawyer specialising in Wills and Estate Planning, Probate and Estate Administration, Trusts and Guardianship and Inheritance Claims and Contested Estates in South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia. Rod is an international author and speaker. Rod is the 3rd generation of Genders in the law and has been practising specialised law since the mid 80’s. He has acted as counsel or consultant to in excess of 50 other firms around Australia. Rod holds the SA state record for the highest ever personal injury award of damages, and has been involved in several of the largest personal injury claims in Australian legal history. For over 10 years he served on the Council of the Law Society of South Australia and is a senior member of its Succession Law Committee. Rod was a founding committee member of the South Australian branch of the London-based Society of Trusts and Estate Practitioners (STEP) for 8 years and was the founding Chair of the international STEP Digital Assets Special Interest Group. For over 25 years Rod has chaired a private committee enquiring into the affairs of protected persons. He is a member of the Law Council of Australia, and a member of its Succession and Elder Law Committee. Rod is one of only three Accredited Specialists in Wills and Estates law in South Australia, as recognised by the Law Society of 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.
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.
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.
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.
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.
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.
Self-managed superannuation funds (SMSFs) are one of the most powerful wealth-accumulation vehicles available to Australians, and for many families they represent the single largest asset outside the family home. Yet despite their significance, the succession planning dimensions of SMSFs are frequently neglected or poorly understood. A comprehensive estate plan that addresses your Will, enduring power of attorney, and advance care directive, but leaves your SMSF succession arrangements to chance, is incomplete in a way that can have serious and expensive consequences for your family.
When a person dies in South Australia, those responsible for winding up their affairs must navigate a legal process before the deceased’s assets can be distributed. For many families, the centrepiece of that process is probate. Yet despite its importance, probate is widely misunderstood. Some people believe it is always required; others assume it is never necessary if there is a valid Will. The truth, as in most legal matters, lies in the particular circumstances. This article explains what probate is, when it is required in South Australia, how the process works, and what those administering an estate can expect.
Financial abuse of older Australians is more prevalent than most people realise, and its consequences can be devastating. An elderly person who has spent a lifetime accumulating assets may find those assets stripped away through manipulation, deception, or outright theft — often by someone they trusted completely. Understanding what elder financial abuse looks like, how it happens, and what the law provides by way of protection is a vital first step for every family.
Few events test the fabric of a family more severely than a dispute over a deceased person’s estate. Whether it arises from surprise, grievance, or a genuine sense of injustice, a challenge to a Will can be emotionally exhausting and financially costly. Yet the law recognises that there are circumstances in which such challenges are well-founded, and South Australia’s succession legislation provides clear pathways for eligible persons who believe they have been inadequately provided for or that a Will does not reflect the testator’s genuine intentions.
