Genders and Partners

Accommodation After Death: Providing a Home for Loved Ones Through Your Will

For many South Australians, the family home is the most valuable asset in their estate. It is also deeply personal – associated with decades of memory and, in many cases, currently occupied by a surviving spouse, a dependent child, an elderly parent, or another family member who has nowhere else to go. The prospect of that person being displaced shortly after the Will-maker’s death, because the home must be sold or transferred to satisfy the terms of the Will, is a genuine source of anxiety for many people making estate planning decisions.

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 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.

What Are Testamentary Trusts?

What Are Testamentary Trusts?

What Are Testamentary Trusts?

Few estate planning tools are as misunderstood — or as valuable — as the testamentary trust. Many people assume that a Will simply divides assets among beneficiaries in a straightforward fashion. While a basic Will can certainly do that, a testamentary trust offers a far more sophisticated and protective arrangement, capable of shielding your legacy from creditors, relationship breakdowns, poor financial decisions, and excessive taxation.
This article explains what testamentary trusts are, how they work, and when they should be considered as part of your estate plan under the Succession Act 2023 (SA), which governs Wills and estate administration in South Australia from 1 January 2025.

Genders and Partners

Wills, Trusts and Estate Planning for New and Young Parents

Wills, Trusts and Estate Planning for New and Young Parents

The birth or adoption of a child transforms your estate planning obligations profoundly. Where previously the primary purpose of a Will was to ensure your assets pass to the right people, you must now also consider who will care for your child if you and your partner are no longer alive, and how your child’s inheritance will be managed until they reach maturity. This article sets out the key estate planning steps for new and young parents in South Australia.

Genders and Partners

Wills and Estate Planning Adelaide: How Estate Planning Trusts Can Protect You and Yours

How Estate Planning Trusts Can Protect You and Yours

Estate planning and trusts are all about planning, not only for your own future, but also the financial well-being of your family and loved ones after you’re gone. However, the reality of life can often get in the way of a smooth transition – divorce, second marriages, step kids, long-term illness and other family changes can sometimes make life and plans unpredictable.

Protecting your wealth & assets and the financial well-being of your family is about a lot more than simply parcelling-out your assets – it’s about providing for yourself & your family members in a way that’s responsible and specifically addresses your personal situation.

Many people make the assumption that estate planning and trusts are only for incredibly rich people. That is wrong.

A family discretionary trust is a very versatile estate planning tool that allows you to address inheritance goals for your beneficiaries – who may still be children, are disabled, are from a mixed family  – and a trust might be the answer to difficult questions like who will manage your assets if you or they become incapacitated.

Typically, when a child inherits money, it is invested for him and held until he or she turns 18 or older. Of course, giving a young person access to a large amount of money at the age of 18 can be dangerous and detrimental to their long-term financial health if they lack maturity or sufficient financial wisdom.  Some parents think that the lure of fast cars and endless parties may be too great a temptation for their beneficiaries to handle at age 18, and so they specify an older age, frequently 21 or 25.