Estate Administration

Including Organ Donation In Your Estate Plan

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 […]

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Do You Have Grounds For An Inadequate Family Provision Claim?

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

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Do You Mean “No Funeral” or “Not That Kind Of Funeral”?

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

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How the Budget Impacts Testamentary Trust Wills

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

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Not all Grief is Big and Loud – Some is Small and Hidden

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

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Your Executor Survival Guide

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

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Will the ATO Draft Capital Gains Tax Ruling Affect Your Estate Plan?

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,

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Does Your Will Take Care of Your Blended Family?

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

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ChatGPT Shouldn’t Be Responsible For Your Estate Choices

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

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Romance Scams and Your Estate

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,

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