Blog
Category: Deceased Estates
2026 taxation changes to testamentary trusts: what NSW families need to know
The Federal Government has confirmed that testamentary trusts will be exempt from the proposed 2026 changes to discretionary trust taxation. Here is what NSW families need to know about how the budget announcement affects estate planning with a testamentary trust will.
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Estate assets and non-estate assets: What assets do not form part of your estate in NSW?
Not everything you own is automatically covered by your Will. This article explains the difference between estate and non-estate assets in NSW, and why it matters for your estate planning.
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What is notional estate in NSW? Family provision claims and assets outside of the estate
NSW's notional estate provisions give the Supreme Court broad powers to draw assets like superannuation and jointly owned property into family provision claims. Learn what this means for estates, beneficiaries, and estate planning on the Northern Beaches and beyond.
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What happens to your company when the sole director dies?
If you're the sole director and shareholder of your company, have you thought about what happens to the business when you die? The company doesn't automatically close - but without a Will and proper planning in place, it can quickly become difficult, or even impossible, to operate.
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Can gifts in a will be changed after death? Understanding Deeds of Family Arrangement in NSW
When someone passes away, their Will (or the NSW Succession Act 2006 if there is no Will) determines how their estate is distributed - but where all interested parties agree, that distribution can be varied through a legally binding agreement known as a Deed of Family Arrangement.
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Concerned your step-children may challenge your Will in New South Wales?
Blended families can add complexity to estate planning, particularly when step-children are involved. A common concern in New South Wales is whether step-children can challenge a Will if they are excluded or left little provision.
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Do adult children have an automatic right to inherit in NSW?
When a parent passes away, many people assume that children will automatically receive a share of their parents’ estate, regardless of age or circumstances. In New South Wales, however, it is not always straightforward and will depend on a variety of factors.
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Who pays funeral expenses in NSW?
When a loved one dies, one of the first practical steps is arranging the funeral. This blog explains how funeral expenses are dealt with and what executors should know about managing those costs.
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Can grandchildren challenge a grandparent’s Will?
Not every grandchild has the right to contest a grandparent’s Will in NSW. This blog explains the rules around eligibility, what “dependency” and “factors warranting” mean, and how courts decide whether a grandchild should receive provision from an estate.
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Key considerations before accepting the role of executor in NSW
Before you accept the appointment of executor, it is important to understand what the role of executor involves and what risks it carries. Obtaining legal advice before you start acting can save you significant time, stress and personal exposure.
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How to deal with mistakes or ambiguity in a Will
When a loved one passes away, their Will is meant to provide clear instructions about how their estate should be managed and distributed. Unfortunately, sometimes mistakes are discovered in a Will, or the wording in the Will is unclear.
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Releasing the right to contest a Will
In New South Wales, eligible persons have the legal right to challenge a Will if they believe that they have been unfairly left out or inadequately provided for. However, there are some circumstances where a person may explicitly agree not to make a family provision claim.
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