Science Fiction in Estate Planning
Could there ever be a legal expectation of a “use-by date” for human beings? We might scoff at such a notion and relegate it to science fiction, but should we be so quick to dismiss it entirely?
Elder Abuse – a Silent and Growing Epidemic
The longer we live, the more we may depend upon others — family members, friends, and professional carers. Australia now has one of the highest life expectancies in the world. That longevity is welcome, but it brings with it a sobering reality: the longer we live, the more time there is for those around us to take advantage.
When a Will Doesn’t Meet the Rules: Formal Validity and the Court’s Dispensing Power
Most people assume that a Will is valid so long as it reflects what the will-maker wanted. In fact, South Australian law imposes strict formal requirements on how a Will must be signed and witnessed before it takes effect as a legally binding document. Get the formalities wrong, and even a document that perfectly captures a person's wishes can be at risk of failing – unless the Supreme Court is persuaded to step in and rescue it under what is known as the dispensing power. This article explains what the formal requirements are, what can go wrong, and how the courts have been given a discretion to overlook defects in appropriate cases.
Small Estates: When You Might Not Need a Full Grant of Probate
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.
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.
Deeds of Family Arrangement: Varying a Will by Agreement
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.
Choosing the Right Business Structure for a Smooth Succession
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.
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.
SMSF Succession Planning: Why Your Self-Managed Super Fund Needs Its Own Strategy
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.
Elder Financial Abuse: How to Protect Yourself and Those You Love
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.