Death is a serious subject — but history has not been without its share of extraordinarily peculiar departures from this mortal coil. Our Weird Probate Issues series continues in its morbidly popular vein. Beyond the dark humour, however, each of these stories carries a practical estate planning message: death can be unexpected. The time to prepare is now.
Celebrity estates are public affairs. When something goes wrong, it goes wrong in full view of the world. The estate planning mistakes of the rich and famous offer the rest of us an invaluable education — at no personal cost. Here are thirteen cautionary tales and the lesson each one teaches.
Some people are determined to have their final say. Our continuing series of eccentric last Wills and testaments proves that human ingenuity knows no bounds — even at the grave’s edge. Each story contains, somewhere beneath the absurdity, a lesson worth taking seriously.
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.
They say you cannot take it with you — but that has never stopped some people from trying to have the last word. Our earlier Weird Probate Issues articles proved so popular that we have developed an entire series. This instalment features fourteen individuals who used their Wills to make extraordinary, eccentric, and sometimes frankly bizarre final demands. While entertaining, each example carries a serious reminder: your Will is a legal document. Getting it right matters.
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.
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.
As executor of a deceased estate you need to take a lot of care and responsibility. But what, if anything, are you entitled to receive for your efforts?
In the last month I have received multiple enquiries from executors asking this question. The answer is not what they want to hear.
As executor you may pay (or reimburse) your reasonable out-of-pocket expenses from the estate’s assets.
Recent research from the UK confirms what many of us have known for some time: The estates administration process in Australia and the UK is paper-heavy, slow and inefficient and is causing stress, frustration, and even mental health issues for those involved.
In a recent annual Bereavement Index 2021, looking at the legal and financial responsibilities that come with administering deceased estates, UK research has discovered that 88 per cent of legal professionals think the probate process is too slow and inefficient.
Do domestic and de facto partners have the same rights as people who are married?
The short answer is no with a ‘but’. The longer answer is maybe, with an ‘it depends’.
You might be wondering if you have the right to:
Claim your partner’s superannuation death benefits?
Challenge a Will or an estate if your partner has not made adequate provision for you?