Your Estate Lawyer Latest Articles

The Great Wealth Transfer is here. But is your estate plan ready for it? Australia is at the start of the largest wealth transfer in its history. Around $3.5 trillion is expected to move from Baby Boomers to their children and grandchildren over the next two decades. At the moment, the value of assets being inherited sits at about $120 billion a year. Within 25 years, that’s expected to quadruple to nearly $500 billion a […]

Organ donation is often described as “the gift of life”. It can be the difference between another person living or dying. At any given time, roughly 1,400 Australians are waiting for an organ transplant, many of whom will wait years and some who won’t survive the wait. For a growing number of South Australians, the decision to become an organ donor is something they want reflected in their estate plan. But good intentions aren’t always […]

Lately, I’ve found myself thinking a lot about cuckoos. Not the clock kind. The bird kind. And the humans who embody the very same traits. Depending on how you feel about audacity, the common cuckoo is either one of nature’s most impressive operators or its most shameless freeloader. What it lacks in brightly coloured plumage, it makes up for in deviousness. It lays its eggs in another bird’s nest, where the host bird raises the […]

There’s a moment that happens in nearly every estate planning meeting. We’ve worked through the assets, we’ve talked about the children, we’ve back-and-forthed over who will be the executor, we’ve divided up the Die Pie, and then we get to the bit about what we’re going to do with your body when you’re no longer in need of it. For some people, this is the easiest part of our conversation; they know exactly who, what […]

There’s a lot of noise right now about the 2026 Federal Budget and what it might mean for beneficiaries receiving their inheritance within a discretionary testamentary trust. A lot of people have a lot of questions but the one I’ve been asked the most is “Fiona, what are you going to do about the testamentary trust you’ve written into my will?” The answer is: nothing. I’m not doing anything. Not because I don’t care, not […]

As a death lawyer, I talk a lot about death and loss and entirely unsurprisingly, grief. When I first started my estate planning practice, I was very intentional about focusing on living people. Partly because I didn’t want to bite off more than I could chew and partly because I, entirely misguidedly, thought it would help me avoid conversations with grieving people. How wrong I was! Grieving people are everywhere, not just sitting across from […]

Let me paint you a picture. You’re sitting minding your own business doing a crossword puzzle (or whatever it is you do when you’re minding your own business) on a Saturday afternoon, when the phone rings. It’s your Auntie Doris, calling to say she hopes you don’t mind, but she’s popped you down as the executor in her will, because you’re more organised than the other nieces and nephews and she knows you’ll do a […]

There’s a lot of chatter in the media around a new Draft Taxation Determination from the Australian Taxation Office (ATO) that clarifies how the main residence capital gains tax (CGT) exemption applies to inherited properties. Yes, the ATO has changed how it reads your will, but will it affect you? Maybe. Maybe not. On the surface, there’s no new tax and no new legislation. Just a draft ruling that quietly reinterprets a rule. In practice, […]

According to the Australian Bureau of Statistics (ABS) in 2023, 25% of households included stepchildren. While I often point out that children are children in the eyes of succession law (it doesn’t matter which partnership they come from) there’s no escaping that blended families bring a level of complexity to estate planning that can have a bigger impact than many people anticipate. A will dictates how your assets (property, savings, superannuation) are shared after you’re […]

It doesn’t matter if you’ve called your ChatGPT account Chad, Chip, or Claude (or some other weird anthropomorphism), it’s not a real person. It doesn’t know you. It doesn’t understand your family. It cannot judge nuance. And it absolutely cannot give legal advice tailored to your personal circumstances. It produces words based on prompts, which is very different from producing a legally effective estate plan or legal advice. Being informed is wonderful. I fully support […]

Gone are the days of romance scammers asking for a bank transfer to cover the cost of an airfare, skimming money off your credit card for an ’emergency’, or requesting gift cards be sent in the mail. Well, those days are not gone, gone but things in scamland have shifted up a notch. Scammers are now playing the long game; building trust over months or years and positioning themselves to benefit from wills and estates, […]

  I often hear from people who proudly tell me they don’t need all the ‘other documents’ that I include as part of their estate plan; an Advance Care Directive and Enduring Power of Attorney documents. I’d like to tell you I smile and nod and let them go on their way. Except I don’t. I usually ask a follow-up question along the lines of: “What’s your plan if you don’t finish the job off […]

Whether you’re selling your family home after the death of a parent or other loved one, purchasing a new property with your inheritance, or simply changing your property title to help achieve your estate planning goals, we’re here for you. Do I need a conveyancer to sell a house? For most people, selling a home can be an exciting time; however, when it’s part of estate administration, it can be a highly emotional and challenging […]

As the executor of an estate you will need to engage the services of a registered conveyancer to legally and professionally manage the complex process of transfering property ownership, ensuring legal compliance, and protecting the interests of the estate. Our in-house conveyancer is not only experienced in handling all the necessary paperwork, title searches, and finding all the tricky issues that can slow down a property transfer or sale, she also understands the unique legal […]

A few years ago a client served me a slice of pie that contained all kinds of things that, in my personal opinion, had no business being anywhere close to baked goods. Funnily enough, at the same time as he passed me that pastry-encased concoction, he handed me a DIY will filled to the brim with all kinds of things that have no business being in a will. Just like it matters what you put […]

Property ownership can be a confusing and complex process and is rarely ever simple. What many people don’t realise is the way you own property will impact who and how you can distribute that asset after your death. An important part of estate planning is understanding how your property is owned and what will happen to the property after death based on the nature of the title, so nobody is surprised.   Ways a Property […]

Most of us spend our lives trying to own things: our homes, our cars, our businesses, even our truth. The reality is, the final act of ownership, the one that really matters, is often the one we leave to someone else to figure out. You might think you’re avoiding a difficult conversation or saving yourself the paperwork, but what you’re really doing is inviting a whole cast of other people to step in and take […]

So you’ve made the decision to become Strong Willed: taken the time to do an estate plan, written a will that gets regularly reviewed and updated, and you’ve been brave enough to get professional advice so you understand what life will look like if you were to die this year. You want to look after the people you love if you’re no longer around. But what about the people who love you?  What if they haven’t […]

In her popular book The Gentle Art of Swedish Death Cleaning, Margareta Magnusson says something that resonates with me so deeply Do not ever imagine that anyone will wish – or be able to – take time off to take care of what you didn’t take care of yourself. I meet hundreds of people every year. Some of them are future dead people, and some of them are the families of recently dead people. They all […]

If I had a dollar for every time I’ve heard A will isn’t worth the paper it’s written on, in the comments section of social media, under an article, or on the few occassions I’m forced against my will to listen to talkback radio, well let’s just say I’d probably be hanging out somewhere else (or would I?!). When people start talking about the value of paper in the same sentence as testamentary wishes, what […]

For many people, superannuation forms a significant part of their estate. Depending on age, contributions and investment returns, your superannuation may be a considerable amount. Unless you’re nearing retirement, chances are high your super is simply ticking away in the background while you’re busy living life. Beyond adding a couple of beneficiaries to the form, you probably haven’t given much thought to what would happen to that money if you were to die. Here’s what […]

As the executor or administrator of a deceased estate, it is your responsibility to prepare and sell any properties owned by the will-maker. For many executors, this may be the first and only time they handle such a responsibility. Unlike selling any other property, selling a deceased estate is a process wrapped up in additional legal complexity and deep emotion. As an estate lawyer, I remind my clients that the real estate agent they choose […]

Finding out you’re the beneficiary of someone’s will can stir up a whirlwind of emotions: grief, gratitude, confusion, even concern. Whether you’ve been waiting for your inheritance to drop or have been taken entirely by surprise by an unexpected gift, being a beneficiary of a deceased estate comes with some rights, a few responsibilities, and plenty of questions. What’s the difference between a beneficiary and an executor? Beneficiaries are people or organisations named in a […]

No one likes to imagine their family ending up in court after they die. And yet it happens all the time. Grief, money, family history, and high emotions are an explosive combination at the best of times, even amongst families that weren’t already pitching for an argument. As an experienced estate lawyer, I’ve seen the most functional, harmonious families turn to the law to sort out a disagreement that more often than not has been […]

When it comes to estate planning, people often focus on the money. Who gets what. How to avoid tax. But the part that catches many families off guard – and causes more tension than you might think – is what to do with the body after death. When it comes to funeral planning, people generally sit in one of two camps: Those who flippantly say, “Do whatever you want, I’ll be dead.” (which is usually […]

You’d be forgiven for thinking estate disputes are something that only happens in families with strained relationships and modest assets. After all, the wealthy can surely afford all the legal advice in the world and have more than enough to spread around. You’d be forgiven but you’d be wrong. If recent headlines are anything to go by, it’s people with significant assets who are most often caught out by bad estate planning, or worse, no […]

Marriage is a tricky subject to navigate but none more so than when the conversation turns to the differences between death law and divorce law. In the course of a day, I can meet couples whose feelings about marriage can span everything from ‘we’ve been married for 5 months and already regret it’ through to ‘we’ve been married for 60 years and love each other more than ever’. No matter how you feel about your […]

As an estate lawyer, increasingly, people are asking about Voluntary Assisted Dying (VAD). More specifically if they can include Voluntary Assisted Dying in their Advance Care Directive. Voluntary Assisted Dying is a deeply personal choice. For some, it offers peace of mind. For others, it may not align with their beliefs. There is no right or wrong answer – only what is right for you. …. South Australia’s Voluntary Assisted Dying Act 2021 came into […]

So you’ve been named in someone’s will, they’ve died, and now you’re left trying to figure out how to be a great executor – even if you didn’t really want the job. First things first: sorry for your loss. Second: yep, this is a big job. Third: if things are already feeling pretty complicated, you’re not alone. At Your Estate Lawyer we like to think of executors as the unsung heroes of the inheritance world. […]

So you’re gone. Kaput. Kicked the bucket. Fallen off the perch or popped your clogs. But, oops you forgot (or chose not to) write a will. First, I want to be honest: this happens a lot. About half of all South Australians die intestate (which is the fancy legal word for ‘without a will’). If you’re reading this, chances are someone close to you may have died without one – or maybe you’re just here […]

I’ve never met a person yet who said to me, “Fiona, I’ve been waiting my whole life to be up to my neck in deceased estate litigation because it sounds like such a fun way to spend my days”. Of course I haven’t, because the people I work with are busy grieving, not scheming. Despite what you may hear from your opinionated uncle, read in the media, or watch play out in social media comments, […]

As the saying goes ‘There are only two things you can be sure of in life – death and taxes’. What many people don’t realise is tax rises to the top because even when you’re dead, there are still taxes. Taxes after death can present a complex landscape for the dead person’s family and executors but there are several things you can do whilst you’re still alive to help elevate yourself to Dream Dead Person […]

Family relationships can be complicated, and whether it’s due to longstanding conflict, emotional abuse, or differing values, some family members intentionally cut ties and become estranged. While you (or the other family member) may have severed the emotional bond, your legal obligations around estate planning remain intact. The uncomfortable reality is that estranged family members may still have a legal claim to your estate, and without professional advice, simply excluding people from your will can […]

None of us like imagining a time when we many need to support someone who has lost capacity, whether it’s a parent, partner, or sibling (or heaven forbid, ourselves). But supporting someone who can no longer make decisions for themself is far more common than you may think. And when it happens, it can turn life into a complex emotional, legal, and financial maze. While we generally think of loss of capacity as being the […]

Being named the executor of a deceased estate can feel like an honour; knowing someone trusted you with the responsibility of closing out their life, slightly smug that you are considered smart enough or organised enough to do the job. For the new generation of deceased estate executors, the kind of person who has a few professional skills up their sleeve and a phone in their pocket, at first glance, the job can seem pretty […]

When someone dies they leave behind a cast of characters: the lucky beneficiaries, the all-powerful executor, and the inevitable family member who suddenly becomes an expert in estate law (despite never having read a legal document in their life). If you’re lucky you’ll have a script to follow (in the form of a will) and like a good English TV series, the storyline will be predictable,  with just enough twists and turns to keep all […]

How many times have you asked yourself “Should I write a will now or wait until I’ve [bought a house / got married / had a baby / had another baby / put some cash in the bank / built up my super]?” You get the picture. There’s always a reason to wait. Especially when you’re knee deep in the business of living and bringing new humans into the world. Or your powerful crystal ball […]

It’s not unusual for people to reach out looking for a will only to get blindsided with sticker shock. Breathlessly they ask ‘why does estate planning cost so much?’ Maybe you’ve wondered the same thing yourself. Maybe I’ve sent you here to circumvent answering your question. Or maybe you’ve done your estate plan and some bloke down at the pub is up in your grill demanding to know why you were such a sucker for […]

Someone once asked me which (of the many) common misconceptions about wills frustrates me the most. Tough question! On consideration, I’ve got to say the often spouted “Any will can be challenged” that fills the comments section of any kind of social media or online article about the importance of making a will probably takes top billing. The fact that any will can be challenged is not a misconception. It’s true. Whether you’ve handwritten a […]

This week I was reminded of a radio interview I did many years ago (if you dig around enough you can find it on my website!) where I was asked the question “How do I deal with my adult step-children now my spouse has died? Our 28 year relationship has completely changed. Where they once liked (maybe even loved) me, they now think I’m a greedy, gold-digging imposter.” After more than 20 years as a […]

Roses are red, violets are blue, estate planning is the ultimate way of saying “I love you” (now and forever). Ok, so writing a will might not seem as romantic as a candlelit dinner, or a sentimental greeting card but if you really want to show your love in a meaningful way gathering up all your fears and trepidation and sitting down to do your estate plan is the ultimate gift for couples. A will […]

Let’s face it-the economy is a moving beast. One minute the stock market is soaring, the next it’s doing a swan dive. Inflation sneaks up on us like an unexpected houseguest and before we know it a dinner at the pub that used to cost $35 is now a cool $50 but in the same breath we’re complaining about the cost of bread and fuel many people are flabbergasted to find their house once worth […]

In Australia about 30% of first-time marriages and a whopping 60% of second and third marriages end in divorce. Every week I receive an email or phone call from a divorced or separated person. Some of them have been an ‘ex’ for decades. Some have a long line of exes. Others are in the process of creating an exit strategy. All of them want to know if their former spouse or partner will be able […]

Choosing an executor to finalise your estate and make decisions after your death can be a difficult process complicated by family dynamics, a sense of obligation, or simply the people you have to choose from within your family or friendship circles.  During an estate planning appointment, I work with clients to not just choose who will act as their executor but to consider who the right person will be to take on the job. The […]

When it comes to frequently given answers to frequently asked questions I get to roll out a response to “Fiona, what happens to my will if my estate lawyer (ie you!) die this year…” to at least half of my clients. I spend a lot of time talking to people about what life would look like if they died in the coming year. It’s only fair the same scrutiny gets pointed in my direction. Here’s […]

Since I put together my first article I’ve received a lot of questions about changes to the South Australian Succession Act due to come into effect from 1st January 2025. As each question rolls in I’m finding my answers becoming more and more like a politician’s response “On the face of it the new law says…. but I need to know more about your personal situation…. I suspect the answer is…. but honestly, nobody really […]

The concept of a “free” will can sound very appealing but choosing the cost free option might end up being more expensive than you think. Free wills are often offered by charities and online platforms as a marketing incentive or way to encourage donations or new clients but often come with hidden obligations, hidden costs, inadequate legal protection and high risk for potential errors that could invalidate your will or end up costing much more […]

Major changes to the South Australian Succession Act will come into effect on 1st January 2025 with reforms designed to simplify estate matters, reflect modern family dynamics and bring South Australia in line with other states such as New South Wales, Victoria, and Queensland. Now is the time to review your existing estate plan, or complete your estate planning, as the legislative changes will impact willmakers, those who benefit through a will, and those who […]

As a young adult, I once opened a fortune cookie telling me “There will never be enough time to finish everything on the list”. I took it as a dare to prove Confucious wrong and set about making lists entitled “Things To Do Before You Die” with a well held belief and dogged determination that I would tick. Every. Last. Thing. Off. That. List. At first these lists were filled with grand, adventurous plans; hang […]

At the time of her dad’s death Danette O’Brien was working as an Executive Assistant, supporting a CEO and Board and she’d done this type of work for 40 years. Never for a moment did she think planning a funeral that truly honoured her fun, cheeky but sometimes ‘challenging’ dad would be the catalyst to a career change. A couple of weeks after her dad’s funeral, Danette had the sudden realisation that she felt called […]

There aren’t many things that get me fired up quite as much as hearing someone tell me they felt pressured to use a dead person’s lawyer to administer an estate – despite the fact that they really wanted to use someone of their own choosing. It’s a misconception almost as common as ‘lightening never strikes twice’, or ‘bats are blind’ or ‘humans only use 10% of their brain (granted for some humans that may in […]

Creating a personal asset plan is a great way of helping your family understand what “stuff” you’ve got but it’s the gift that keeps on giving, if you use it as an excuse to do some Spring cleaning at the same time. I recently attended the home of an elderly gentleman, who like me, was a card-carrying member of the Minimalist Movement. We bonded over our mutual love of the actual Minimalist aesthetic – Scandinavian […]

When it comes to nominating a friend as an executor most people have a whole raft of thoughts, feelings, and considerations the people who nominate a family memeber don’t seem to have. The biggest one is how to nominate a friend as an executor or substitute decision maker without being a burden. Like “Don’t be a burden.” is a very important clause in the rules of friendship – but not so much when it comes […]

Being a good shareholder is about more than just managing assets – it’s about ensuring a smooth transition if your family will be managing deceased estate shares. I’m excited to be partnering with Jon Moses, a specialist deceased estate stockbroker (and great human), from JM Invest. I asked Jon what it takes to be a good dead shareholder and he didn’t just answer the questions, he came through with all the information. If you’d like […]

When I talk to people about their expectations around estate administration I take the time to explain that managing a deceased estate is an honour, but it also has the potential to be hard (not always but sometimes). Like having a baby or getting married or deciding to retire and spend all day with your beloved – nobody wants to tell you it might be difficult beforehand or you wouldn’t sign up for it. Managing […]

As a business owner, farmer’s wife, and farmer’s daughter I understand how difficult it is to separate the business from the person – the years of hard work, financial investment, and emotional commitment make it particularly hard to imagine there being a day where your business and life aren’t extricably linked. Unfortunately many business owners die or become incapacitated without ever getting around to formally addressing the succession of their business. Just as most entrepreneurs […]

It never ceases to amaze me that in our fear of talking (or even thinking) about death, we’ve created a vacuum where we’re blindsided by how emotionally and physically taxing it is to care for someone who is dying. People often tell me they don’t want to burden their family with the messy, emotional heavy lifting of death. Forgetting that even if their dying happens away from home – in a hospice, hospital, or residential […]

Your estate is the total of everything you own, including money, assets, investments, property and debts. Your will is the documentation that outlines what you want to happen to all of those things when you die. Whilst a will is an important tool, estate planning is about so much more than just making a will. Why do I need a will? A will enables you to specify how you want your assets distributed after you […]

Including a Discretionary Testamentary Trust in your will offers your beneficiaries more choice about how they receive their gift, whilst providing significant asset protection and tax advantages. Yet many people are unaware the process is as simple as setting up the ‘rules of the trust’ as part of their estate planning. How does a Testamentary Trust work? Unlike an Inter Vivos trust (a trust set up and operated in your lifetime, such as a Family […]

A Grant of Probate is recognition from the Supreme Court that a will is valid and that the person or people named in the Grant are authorised to deal with the estate. If the deceased doesn’t have a will an application for a Grant of Letters of Administration can be applied for by a lawyer of your choice. Below we’ve listed our 10 most frequently asked questions about applying for probate. 1. What is a […]

An executor is the person (or people) nominated by a willmaker responsible for managing distribution of assets and carrying out directions when someone passes away. Below is a step-by-step guide of the duties of an executor.  1. Decide if you wish to take on the role of executor Being an executor is not just an administrative role but also a deeply personal one where you will be required to make heart-led decisions on behalf of […]

If you’re waiting until life settles down or you get all your ducks in a row before doing an estate plan. Chances are high you’ll die waiting. There’s no perfect time to write your will – except right now. Life has a way of turning out different to what we imagine. We see it all the time. We experience it all the time. And yet we’re surprised by it. All the time! If you’re waiting […]

When completing the paperwork for a death certificate an innocent mistake, oversight, or incorrect information can have bigger consequences than you may think. When someone dies in South Australia, the funeral director will normally register their death with Births, Deaths and Marriages on behalf of the person’s family or friends. Deaths need to be registered within seven days of burial or cremation. Applications can take up to eight weeks to be processed. As a lawyer […]

As a business owner it’s vital you adequately plan for the future of your business and that means making sure your assets and operations are looked after if you become unwell, have an accident or die. Estate planning isn’t a nice to have for business owners. It’s an essential piece of equipment in your business tool chest. Let me tell you a story that’s true. On the 2nd January 2020 the unimaginable happened to the […]

Using your will to name, shame or punish people who haven’t lived up to your expectations during your lifetime is cruel, heartless, and more often than not punishes the people you’re trying to reward as much as those you’re trying to write out. Even if you write a letter explaining why. There aren’t many people who manage to slide through life without receiving at least one Dear John letter (if your name is actually John […]

Whether you want to start talking to your family about your estate plan or will. Or you want to encourage a conversation with your parents or adult children to get their own estate planning ducks in a row, having a round table conversation about death can be a tricky subject to navigate. Here’s our top tips for how you can make edge your way towards having the hard chats or launch right in. We’ve been […]

It probably all made sense during your estate plan – until you get home and someone asks you about their role in your will. We’ve put together this handy glossary of estate planning roles and responsibilities so you fully understand who’s doing what if you die or become incapacitated.  When it comes to your death team its important to understand which job is going to go to which person, so you can be sure you’ve […]

Writing a great eulogy or memorial speech can feel overwhelming and full of pressure. But before you launch into a CV that covers birth to death and everything in between we got together with a professional writer to share a few tips on writing a big hearted, memorable speech or eulogy. “Stories are the most powerful way to share values, connections and the personality of your person…” There’s nothing quite like the feeling of leaving […]

As Your Estate Lawyer I’m passionate about helping you avoid estate disputes, avoid avoidable problems, solve unavoidable problems and ultimately help your family stay friends after you die, by playing the game “What will life REALLY look like after you die – for you WHOLE family.” Sometimes that means having hard conversations with you about who you want to reward and who you’re trying to punish in your will. And sometimes it means helping you […]

Leaving a gift to charity in your will in the form of a bequest or donation is a powerful way to make a positive difference to a cause you believe strongly in. But is it as simple as simply writing your gift in your will? And would you gift be more valuable if it was given whilst you’re still alive? “Do you want to look like a hero after you’re dead? Or be a hero […]

Fiona Shilton has been awarded the SA Woman Emerging Business Woman award for 2022 in recognition for her work changing the conversation around death, wills, and estate planning and creating a legal practice that focuses on kindness, care, and bravery. “We can only live our lives as fully as possible even if it is based on a mistake.” When Jill Lathlean died in 1985 someone awesome added this epitaph to her grave marker. I don’t […]

When you’re a Sole Trader it can feel impossible to separate yourself from your job. What most Sole Traders don’t realise is when it comes to the law, you and your job are entirely inseparable. When it comes to the law there is no distinction between you and your sole trader business. Being a sole trader offers tens of thousands of Australians the opportunity to build, own and grow their own business without the costs […]

When it comes to including collectibles in your estate plan, not all collections are created equal. Whilst your vintage Kewpie dolls, hand painted tea cups, expansive tool, or antique kettle collection may be deeply sentimental, more financially valuable collectibles such as artwork, precious metals, stamps and coins can be some of the toughest assets to pass on to your beneficiaries. “I’ve never met anyone yet who isn’t deeply emotionally connected to their collections.” Over the […]

If I had a dollar for every client who has asked me to “Please just write my will in plain English Fiona,” I’d have a few extra dollars a week to run through my accounting system.   “Whilst the language your will is written in doesn’t need to be decipherable to the untrained eye, the language you as the will maker and your lawyer communicate in is of the utmost importance…” When people decide they want […]

Are safe deposit boxes all they’re cracked up to be?  When it comes to hiding valuables I’ve heard it all; tin cans of cash buried in the backyard, diamonds stitched into the curtain hems, illegal items not just under the mattress but in the mattress. Everyone wants to keep their treasures safe.  “End-of-life wishes and funeral arrangements are of little value if they’re hidden away in a safe deposit box no one can access” If […]

The world is full of people walking around feeling confident they’re winning at Adulting because they think they have a good will, when in actual fact they don’t.  Discover why being strong willed isn’t just about the piece of paper and how you can muscle up and make your will do the heavy lifting. “Good estate planning means making the business of living as easy as possible for the people you love when you’re no […]

Wills used to be a set-and-forget exercise, where the paperwork was done once, put in a drawer and never thought of again. Unfortunately (or perhaps fortunately) life has a funny habit of changing, which means your will should too. After all, the very purpose of a will is to protect and take care of the people you love right now. Not the people you loved 20 years ago (lucky you if you’re still loving the […]

Many parents are shocked to discover when their young person turns 18 they are legally no longer able to step in as a substitue decision maker if they became unwell or were in an accident, or act as the executor of their estate if they died. Estate planning for your adult children is an important consideration in keeping them safe and ensuring they have the documentation required for you to make decisions on their behalf. […]

Brendan died of a massive heart attack in May 2021.  He was 51 years old.  He left behind adult children, an ex-wife and his partner of 4-years Cherie. This is Cherie’s story. “Just when I didn’t think I would find true love and a forever partner Brendan walked out the door towards me and I knew he was it.” Just two weeks before he died, Brendan woke me and asked me to call an ambulance. […]

Destination Final You’ve decided to be cremated but you figure your loved ones can decide where they’d prefer your final resting place to be.  That would be the most caring thing to do right?  Maybe not. When faced with a menu of Goodbye options families often struggle to make the decision about where to scatter or bury their loved ones cremains. Without direction, families are left guessing, arguing, disagreeing and more often than not some […]

Online Wills and DIY Will Kits have long been heralded as a saviour for the time-poor (or just poor in general).  But are they all they’re cracked up to be? Everything you need to know before you DIY your will. I often get asked what I think of DIY wills.  I used to be too scared to say “They suck balls” and instead would say “I don’t hate them”.  But actually, I do hate them […]

Appointing a Testamentary Guardian in your will means you have control over who makes decisions on your behalf if you are no longer able to look after your children. Like every parent I know, my kids are my world. I was lucky enough to get five of them, in two batches. In 1998, my daughter Lily was born two weeks shy of my 21st birthday – a nine-pound four-ounce bundle of perfection. Oliver arrived two […]

Estate Planning built on time and kindness   This is the story of the woman who helped me become a lawyer. The woman who showed me the work I do in estate planning is a valuable and vital gift to my community. Earlier this year the death of my Nana hit me hard. She was one of the most important women in my life.  I keep a photo of her on my desk to remind me […]

My estate plan is a constant work in progress. Which is what makes it good. My estate plan is a constant work in progress.  Not because I don’t have my s**t in a pile but because I don’t want to just leave a will.  I want to leave a good will. A good will plans for right now – not for some far distant, unknown future – but what life would look like if you […]

When it comes to estate planning, done is better than perfect. If you’re anything like me, perfectionism can stop you from getting things done.  Getting your roots touched up, folding your laundry, getting that box of stuff out of your boot and into the op shop – and of course top of most people’s list – getting your will done. For years I’d dreamed about starting my own business but perfectionism held me back. I […]