Deed of family arrangement — varying a Will by agreement in South Australia

When a Will Doesn’t Meet the Rules: Formal Validity and the Court’s Dispensing Power

Wills and Estate Planning, Wills
Will formal requirements and dispensing power in South Australia

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.

Weird Probate Issues Part 3: Famous Last Words

Probate and Deceased Estates, Weird Probate Issues, Wills and Estate Planning
weird probate Issues

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.

Reversionary pension and binding death benefit nomination in South Australia

Reversionary Pensions and Death Benefit Nominations: Why Your Super Pension Needs Both

Superannuation, Wills and Estate Planning
Reversionary pension and binding death benefit nomination in South Australia

Many retirees drawing an account-based pension from their superannuation fund assume that a binding death benefit nomination is all that is needed to ensure their spouse or dependant continues to receive an income after they die. In fact, once a pension is already being paid, a separate and often more powerful mechanism – the reversionary beneficiary nomination – can determine what happens far more directly, and the two mechanisms can interact in ways that catch people out if not properly understood.

Deeds of Family Arrangement: Varying a Will by Agreement

Wills and Estate Planning
Deed of family arrangement — varying a Will by agreement in South Australia

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.

Genders and Partners Dementia will soon become Australia's Leading Cause of Death

Dementia and Estate Planning: Act Before It Is Too Late

Trusts & Guardianship, Wills and Estate Planning
Genders and Partners Dementia will soon become Australia's Leading Cause of Death

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.

Business succession planning for Australian business owners — integrating your Will with your business structure

Choosing the Right Business Structure for a Smooth Succession

Business Succession, Wills, Wills and Estate Planning
Business owner reviewing documents at an office desk

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.

Binding death benefit nomination — superannuation estate planning in South Australia

Binding Death Benefit Nominations: The Superannuation Decision That Could Cost Your Family Dearly

Superannuation, Wills and Estate Planning
Binding death benefit nomination — superannuation estate planning in South Australia

Superannuation is, for many Australians, their most significant financial asset. Yet it is also one of the most misunderstood aspects of estate planning. A common misconception is that your Will controls who receives your superannuation when you die. It does not. Your super sits outside your estate and is governed by an entirely separate legal framework — one that hinges on a critical document known as a Death Benefit Nomination.

SMSF Succession Planning: Why Your Self-Managed Super Fund Needs Its Own Strategy

Estate Planning, Superannuation
SMSF succession planning in Australia

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.

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.