Topic
Estate & Legacy
100 articles on estate & legacy — general-advice insights for Australians.
Pre-arranging your funeral: provider, service preferences, family communication, executor coordination
A funeral bond covers cost, but service preferences and family communication still need documenting.
If you and your partner died together, whose will decides? NSW, Victoria and Queensland
Two rules pulling opposite ways — and in all three states the clause most couples rely on expressly doesn't switch it off.
When can an executor safely distribute an estate? NSW, Victoria and Queensland compared
Three states, three different answers — and in NSW the protection matures months before the claim window closes.
Paying the Executor
Commission is assessable income. An inheritance is not. Which means a specific legacy in the will is usually the better way to compensate the person doing the work.
Revoking a Power of Attorney
Signing the revocation is the easy half. Until every bank, fund and registry has been told, the old document is still out there working.
When a Beneficiary Dies Before You
A will gift lapses, a super nomination may fail to trustee discretion, and a jointly held asset has already passed by survivorship. Three systems, three failures, no notifications.
DIY will kits vs a solicitor: when a cheap will costs your family dearly
A cheap DIY will that fails costs your family far more than a solicitor.
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.
Clearing a lifetime of possessions: what it's really worth, and how not to get it wrong
Most household contents are worth little, but a few genuinely valuable items deserve proper valuation.
Getting your affairs in order: the one folder that spares your family a nightmare
One findable, up-to-date record of your accounts spares your family a stressful treasure hunt.
Helping an ageing parent with their money: the conversation, the paperwork, and the one thing not to leave too late
Set up an enduring power of attorney before capacity is lost — waiting is costly.
Leaving your super to charity: why you can't name it directly — and why super is the smart asset to give
Super can't name a charity directly, but routing it through your will can be tax-smart.
Divorced, remarried, or repartnered? The estate-plan traps that can send your money to the wrong person
Divorce and remarriage affect your super and will differently — money can go astray.
Do you always need probate? When an estate can skip it — and when it can't
Probate is only needed for solely-owned assets — jointly-held and directly-nominated ones bypass it.
What happens to a reverse mortgage when you die — and what your children actually inherit
A reverse mortgage reduces what heirs inherit, but the no-negative-equity guarantee stops any debt.
When a binding nomination pays to a spouse: strategic considerations for the surviving wife receiving $129,000 of super
Choosing lump sum, pension, or recontribution shapes tax, Centrelink, and estate outcomes.
How quickly must super be paid out after death? The "as soon as practicable" framework
The ATO treats around six months as the benchmark for paying a super death benefit.
How to talk to your adult children about your estate plan (and why doing it now matters)
The surprise, not the money, is what causes families to fall out over an estate.
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.
Granny flats and tax: the 2021 reform that changed family housing arrangements
Since 2021, only formal written granny flat agreements are exempt from CGT.
Inheriting cryptocurrency: the digital asset estate planning gap
Without the private key, inherited cryptocurrency is permanently lost, not just delayed.
When the pensioner dies: a roadmap for families dealing with an account-based pension
Whether a pension is reversionary decides everything that happens to it when the member dies.
Medical decision documents: the pre-emptive planning that financial advice alone doesn't cover
Advance Care Directives and enduring guardians cover medical decisions a financial EPOA cannot.
CGT on inherited assets: cost base rules and the two-year main residence window
Inheriting an asset carries no tax, but its cost base determines your future CGT.
Co-investing in property with your adult children: the structural decisions families miss
Co-investing in a child's property creates Centrelink, CGT and aged care risks a gift avoids.
Inheriting super from a spouse: reversionary pensions, death benefits, and the 12-month planning window
Inherited super counts against your Transfer Balance Cap — structure changes the timing.
Joint tenancy vs tenancy in common: how you hold property matters substantially in retirement
Joint tenancy overrides your will; tenancy in common lets your share pass through it.
You've been made someone's attorney: what that actually means, and the duties most people never realise they have
Being someone's attorney is a strict legal duty, not permission to use their money.
Signing the house over to the kids for care: the arrangement that can leave you with nothing
Signing your home over for promised family care, undocumented, can leave you with nothing.
When your estate crosses borders: overseas assets, overseas beneficiaries, and the traps in between
Overseas assets and overseas beneficiaries can trigger forced heirship, foreign death duties and Australian CGT.
Do your debts die with you? What really happens to what you owe when you pass away
Your family doesn't inherit your debts, except joint debts, guarantees and secured loans.
The document most people forget: who decides where you live and what care you get if you can't
Attorney manages money; only an enduring guardian decides where you live and your care.
Your will doesn't control your super: what happens to it when you have no valid death benefit nomination
Without a valid binding nomination, your super falls to trustee discretion, not your will.
Who gets Mum's ring? The estate problem that breaks more families than money does
Personal possessions, not money, cause the most bitter and lasting estate disputes between siblings.
Giving more for less: donating appreciated shares directly to charity in retirement
Donating shares directly to charity usually beats selling first and donating cash.
When leaving the kids an inheritance is the wrong answer: protective trusts for vulnerable beneficiaries
An outright inheritance can harm a vulnerable child — a protective trust controls it.
Prepaid funeral, funeral bond, or funeral insurance? Three products that look similar and aren't
Funeral insurance almost always costs more than it pays out — bonds or prepaid don't.
Joint tenants or tenants in common? The property-ownership choice that quietly shapes your estate
Joint tenancy overrides your will — the wrong choice can disinherit blended-family children.
When your partner dies: the financial workflow for the weeks and months that follow
After a spouse dies, a structured workflow makes the overwhelming manageable, week by week.
Choosing an executor: the will decision that deserves more thought than it usually gets
Choosing an executor deserves more thought than the default eldest-child pick.
The conversation that prevents the chaos: talking to your family about your money, estate, and wishes
The family conversation is what makes your technical estate plan actually work.
After an early dementia diagnosis: the financial and legal steps to take while you still can
Act while capacity is intact — a dementia diagnosis opens a closing legal window.
"We'll sell the house to the kids and keep living in it": why this family arrangement usually goes wrong
Selling the family home to your kids and staying on usually backfires badly.
Should you sign the house over to the kids? Why transferring your home before death is usually a mistake
Transferring the family home to children before death usually backfires on every front.
Binding death benefit nominations: how super gets distributed when you die — and why your will doesn't control it
Super isn't part of your estate — a binding nomination decides who receives it.
What happens to a defined benefit pension when you die: reversionary pensions, the marriage-after-retirement trap, and the single-pensioner reality
A DB pension's reversionary rules can leave a late-life spouse with nothing.
The first weeks after a death: practical steps, the Australian Death Notification Service, and easing the burden
The ADNS lets you notify dozens of organisations of a death in one step.
Intestacy in Australia: what happens if a retiree dies without a valid will
Dying without a valid will means state law, not your wishes, divides your estate.
Binding Financial Agreements for late-life repartnering: protecting retirement assets and children's inheritance
A BFA can quarantine each partner's wealth for their own children when repartnering later.
Death benefit ETPs: tax treatment when an employee dies in service
A death benefit ETP to a dependant is tax-free within the $260,000 cap.
Disabled adult children as super death benefit beneficiaries: tax-dependant status and the death benefit pension option
A financially dependent disabled adult child can receive a super death benefit tax-free.
Superannuation proceeds trusts: preserving tax-free death benefits for minor children
A superannuation proceeds trust keeps a death benefit tax-free for minor children.
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.
Deceased estate tax returns: the date-of-death return and estate administration obligations
Executors must lodge both a date-of-death return and separate estate trust returns.
Inherited assets and CGT cost base: what beneficiaries need to know
Whether an inherited home was rented at death decides if the sale is CGT-free.
Public Ancillary Fund (PuAF) sub-funds: structured charitable giving for retirees without PAF-scale capital
A PuAF sub-fund gives structured charitable giving without a private fund's cost.
Testamentary trusts and the minor beneficiary tax concession: still valuable after the 2019 narrowing
Minors get adult tax rates on income from a properly funded testamentary trust.
The two-pension strategy: splitting super into tax-free and taxable streams for estate planning
Splitting super into a tax-free and a taxable pension can save death benefit tax.
The anti-detriment payment legacy: former section 295-485, abolition from 1 July 2017, and residual significance for pre-2019 deaths
Anti-detriment top-ups ended for deaths from mid-2017, with payments cut off in mid-2019.
The deceased estate 3-year administration rule: how trust income is taxed during estate administration, and what executors need to know about the section 99/99A boundary
Estate income held past three years risks the 47% top penalty tax rate.
The Letter of Wishes: how retirees guide their trustees without binding them
A Letter of Wishes guides discretionary trustees on distributions, without legal force.
Reversionary pension nominations versus binding death benefit nominations: which prevails when both exist on the same super interest
The fund's trust deed decides whether a reversionary pension or BDBN prevails.
The CGT 2-year inherited dwelling rule: when the family home becomes taxable after death
Selling an inherited home within 2 years of death is generally exempt from CGT.
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.
De facto relationships and super death benefits: documenting the relationship that matters at the most important time
De facto partners get spouse treatment for super death benefits, but the relationship must be proven.
Death benefit pensions paid to a child: the age 25 cessation rule and the disability exception
Child death benefit pensions must cease at 25 unless the child has a permanent disability.
Inheriting a parent's super: what to do with the death benefit lump sum
A 30-60 day pause and diversified deployment beats rushing an inherited super lump sum.
Life insurance for estate equalisation: when one child inherits the home and others need balance
A life policy can equalise an estate when the home goes to one child.
The NSW notional estate rule: when super death benefits can be drawn back for family provision claims
NSW courts can pull super paid via BDBN back into the estate for a family provision claim.
Private Ancillary Funds for pre-retirement charitable giving: capturing the high-rate deduction while it's still high
PAFs and PuAF sub-funds lock in a peak-rate deduction now, distribute charity later.
Surviving spouse's choice: lump sum or death benefit pension?
A tax-free lump sum offers flexibility; a death benefit pension preserves tax-free earnings but hits the TBC.
The crystallised tax-free component: why older members' super death benefits have a larger tax-free slice than their families realise
Pre-1983 super service crystallises into a fixed tax-free amount that can cut a death benefit tax bill.
The 12-month commutation window: how a surviving spouse can convert a reversionary pension to a tax-free lump sum
A surviving spouse has 12 months to commute a reversionary pension before it hits the transfer balance cap.
Workplace giving for pre-retirees: pre-tax charitable donations with immediate tax benefit
Workplace giving gives an immediate tax benefit while working, but disappears at retirement.
The interdependency relationship: how an adult child carer can inherit a parent's super tax-free where a sibling can't
A documented interdependency relationship can make a super death benefit tax-free for a carer.
Centrelink nominees: the formal framework for someone to act on a pensioner's behalf
A Centrelink nominee gives formal authority separate from Power of Attorney for pension matters.
What happens to your super when you die — and why your will probably doesn't cover it
Super sits outside your estate — the fund trustee decides who gets it, not your will.
Early inheritance: transferring wealth to adult children during life
Gifting to adult children works, but Centrelink deprivation rules and CGT demand careful sequencing.
Special Disability Trusts: a specific structure for families with a severely disabled beneficiary
SDTs let families pre-fund a disabled beneficiary's lifetime care without affecting their pension entitlements.
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.
SIS dependant vs tax dependant: two definitions, one super death benefit, frequent confusion
SIS Act children include adults; only those under 18 or financially dependent are tax-free recipients.
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.
Deceased estate administration: the executor's role and how pre-emptive planning reduces the burden
Most executors are unprepared for 6–18 months of legal, tax, and administrative responsibility.
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.
Super death benefit tax: why adult children pay tax on inherited super — and how to reduce it
Non-dependant beneficiaries pay 17% tax on inherited super — the recontribution strategy reduces it.
Systematic gifting from substantial estates: life-time giving for self-funded retirees
Self-funded retirees can give to family during life with no gift tax, within Centrelink limits.
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.
Estate equalisation across multiple children: equal doesn't always mean equitable
Equal distribution of an estate is not automatically equitable when children's circumstances differ.
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.
Digital legacy planning: what happens to your email, photos, and crypto when you're no longer here
Without planning, digital accounts and self-custody crypto are permanently lost when an account holder dies.
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.