Contesting a Will in South Australia

Contesting a Will in South Australia: What You Need to Know

Wills and Estate Planning
Contesting a Will in South Australia

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.

The 7 Deadly Sins of DIY Wills

The 7 Deadly Sins of DIY Wills

DIY Wills, Wills, Wills and Estate Planning
The 7 Deadly Sins of DIY Wills

Trying to DIY the most important legal document in your life is a bad idea. This is a specialised area of law, and when you don’t know what you’re doing, it is very easy to make critical errors trying to do this yourself. Any mistakes you make won’t become apparent until you die, and it’s too late for you to fix them, so it will be your family who has the stress and cost of dealing with it all.

Here are 7 of the most common errors people make with DIY Wills:

  1. No Advice. While DIY Will-kits and online services might provide you with a document that looks like a Will, appearances can be deceptive.       What you are paying a lawyer for is the advice they provide you along with the Will. It is illegal for anyone other than a licensed lawyer to provide legal advice for a fee, whether that means answering questions or making planning suggestions for how to accomplish goals. So the companies that offer DIY Wills or kits or online documents are always careful to tell you that they are not giving you legal advice, and they ALWAYS recommend that you consult a lawyer if you have questions.

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Expectation Management in Estate Planning

Estate Planning, Trusts, Wills, Wills and Estate Planning

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

Expectation Management

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.

5 Common Estate Planning Mistakes

Estate Planning Disasters of the Rich and Famous

Estate Planning, Inheritance Claims & Contested Estates, Wills, Wills and Estate Planning
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.

Family trust disputes in Australia

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

Family Trusts, Testamentary Trusts, Wills and Estate Planning
Family trust disputes in Australia

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.

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

Testamentary Trusts: Building a Will That Protects Your Beneficiaries

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

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.

The role of an executor in South Australia

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

Executor, Probate, Wills and Estate Planning
The role of an executor in South Australia

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.

What Happens When You Die Without a Will in South Australia

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

Estate Administration, Succession Law, Wills and Estate Planning
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.

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

Elder Law, Enduring Power of Attorney, Wills and Estate Planning
Enduring Power of Attorney in South Australia — choosing the right person to manage your financial affairs if you lose capacity

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.