Topic
Estate & Legacy
20 articles on estate & legacy — general-advice insights for Australians.
What is a power of attorney, and do I need one? The types explained
Only an enduring power of attorney protects you if you lose capacity.
When amending your family trust becomes a tax event: the resettlement risk for retiree trustees
Some trust deed amendments trigger CGT on all assets at market value.
Inheriting cryptocurrency: the digital asset estate planning gap
Without the private key, inherited cryptocurrency is permanently lost, not just delayed.
Binding death benefit nominations and the 3-year expiry trap: keeping super nominations current
A standard BDBN lapses after three years, silently handing control back to the trustee.
Mutual wills for blended-family retirees: how to bind your surviving partner's will after you're gone
Mutual wills legally bind a surviving spouse to agreed inheritance shares for both families.
When your binding death benefit nomination lapses: the 3-year rule and the renewal discipline
Most public-offer fund BDBNs lapse after three years unless deliberately renewed.
Blended family estate planning: structures that provide for spouse and prior children
Life interest trusts, mutual wills, and BDBNs protect spouse and prior children simultaneously.
The 2026 tax reforms: CGT, trusts and SMSF borrowing — the dates that matter
When the 50% CGT discount ends, when SMSF residential borrowing stops, and why pre-Budget testamentary trusts still work — a plain-English date map.
Family provision claims against wills: when eligible family can vary the distribution
Family provision law lets eligible relatives override Australian wills — even adult children can claim.
The probate process: what it is, what executors do, and how long it takes
Probate typically takes 2–6 months; estate administration adds another 6–18 months after that.
Charitable giving in retirement: DGR donations, Private Ancillary Funds, and charitable bequests
Retirees can give tax-effectively through DGR donations, Private Ancillary Funds, or charitable bequests in wills.
Testamentary trusts: when the structure makes sense for estate planning
Testamentary trusts tax minor beneficiaries at adult rates, ideal for large estates with grandchildren.
What is estate planning in Australia?
Estate planning is more than just writing a will — here's what a complete plan actually covers.
Wills and estate planning for retirees: what the will controls (and doesn't)
A will controls only estate assets — super, joint property, and insurance all bypass it.
Enduring Powers of Attorney: the document that lets your family help you when you can't help yourself
An EPOA is the document that keeps your finances manageable if you ever lose capacity.
Pets in retirement: planning for who cares for them when you can't
Most retirees have never explicitly planned who will care for their pet when they can't.
Statutory wills: when the Supreme Court can make a will for someone who has lost capacity
The Supreme Court can make a will for someone who has lost testamentary capacity.
You've been named executor: what the job actually involves
Executor is a legal job with real personal liability — understand the duties before agreeing.
You've been named executor: what the job actually involves
Being named executor is a months-long legal role with real duties and personal liability — here's what it actually entails.
Estate planning is about more than a will
A will is the floor, not the ceiling. The gaps it leaves are where families most often come unstuck.