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.
Discretionary trusts (often called family trusts) are very powerful planning tools you can use for all kinds of purposes. Trusts can simplify & minimise or even avoid probate, protect your beneficiaries from creditors or divorcing spouses and
can provide for education for grandchildren or your favourite charities.
When a trust is part of your overall comprehensive estate plan, you should try to avoid these common trust mistakes:
Mistake 1: Failing to title assets in the name of your trust
If you have not put your assets into your trust, also called “funding” your trust, you have lost some of the benefits of your trust.
Any assets that are in your own name at the time of your death will probably need to be probated. However, any assets that are titled in the name of your trust at the time of your death will avoid probate and usually result in lower after-death administration costs.
In order to receive the protection and benefits capable of being provided by the trust, generally (except for superannuation funds and certain annuities) most of your assets would need to be transferred into your trust during your lifetime.
Court battles over estates are increasing in South Australia. Is your plan strong enough to withstand a challenge?
In recent years, Australia has seen a steady rise in Will disputes and inheritance challenges. Families are finding themselves entangled in costly and emotionally draining court battles, often at the very
Introduction to Super
Most Australians have some superannuation.
There are 5 main types of super funds in Australia: retail, industry, public sector, corporate and self-managed.
Most Australians will have their super with a Retail Fund like MLC or Colonial First State) or an Industry fund (like CBUS or HostPlus).
Understanding Superannuation Death Benefits
There is a common meme on the internet that your debts die with you. Apparently – for some people – it is the height of their ambition to spend everything they can during their lifetime, and then have their final cheque to their funeral director bounce for lack of funds.
Our superannuation death benefits and our family home (if we are lucky enough to own one) are the two largest assets for most ordinary Australians.
Yet most Aussies (including most accountants and lawyers) are utterly gobsmacked to discover that their super does NOT automatically form part of their deceased estate when they die, AND that they CANNOT just treat their super like their Will, and give it to whomever they wish, as if their super is just like a bank account.
The Age Pension was initially introduced in Australia in 1909 when the average life expectancy was below the eligibility age. It was thought that most people would not live long enough to receive it, and those that did would not get it for long.
Now Australia enjoys one of the highest average life expectancies in the world (significantly higher than USA and UK).
The pension was designed to provide income support to older Australians who meet age and income requirements.
It is funded by Australian taxpayers and it accounts for a huge and growing chunk of our national expenditure.
As a woman over 50 living in South Australia, you’ve likely spent a lifetime building your assets, raising your family, and managing responsibilities with wisdom and care.
Whether you’re still working, retired, or transitioning through significant life changes, one thing is clear: now is the time to take control of your future by ensuring your affairs are protected through integrated estate planning—starting with an Enduring Power of Attorney (EPA).
While many associate estate planning solely with Wills and inheritance, the truth is that a modern, robust estate plan goes much further.
One of the most powerful yet often overlooked tools is the Enduring Power of Attorney.
Several times each year my phone rings and someone asks me how they can locate and view the Will of someone close to them.
The circumstances of these requests vary, but can be broken down into two main groups: Someone has recently died, and their relative wants to know if they are a beneficiary; or an elderly person is becoming forgetful and their relative is concerned that they have been coerced into changing their Will, and want to satisfy their curiosity.
In this age of political correctness, it seems that humour is a dangerous occupation. Each joke must be carefully scrutinised for potential offence to some minority group, and then sanitised of any disrespect to anyone whose delicate sensibilities might be burdened with the weight of somebody laughing at their expense.
Social media seems filled with humourless people who aren’t happy unless they are fired-up and ranting against somebody for some perceived slight or ‘tone-deaf’ comment.
As a result, what used to pass for harmless fun is now seen as social activism. Everyone must be a ‘role-model’ at all times, and everything is a ‘learning-moment’.
