Blog
Category: Wills & Estate Planning
Restrictive Practices NSW: Guide for Enduring Guardians
From December 2026, new NSW legislation clarifies who can lawfully consent to restrictive practices for adults who lack decision-making capacity. Being an Enduring Guardian doesn't automatically give someone this authority — the Appointment of Enduring Guardian must specifically name restrictive practices as an authorised decision. Families should review existing appointments now, especially before a loved one moves into residential aged care, as aged care providers will require this specific authorisation before restrictive practices can be used
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Right to reside clauses in Wills: risks, disputes and considerations in NSW
Right to reside clauses can provide security for a surviving spouse or dependent relative - but they come with risks for both the occupant and the beneficiaries. Here's what NSW Will makers need to know.
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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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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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Can ChatGPT write my Will in NSW, and should I use it?
While ChatGPT can produce a document that looks like a Will, and appears to achieve your intentions, there is an important distinction between a draft Will created by AI, and a Will that is legally valid, suitable for your specific needs, and effective under New South Wales law.
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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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Cryptocurrency in estate planning: ensuring safety and effectiveness in your Will
In NSW, you can, and should, deal with your cryptocurrency explicitly in your Will. This blog will provide a practical guide to structuring provisions for dealing with cryptocurrency and giving your executor the power and the tools to access and administer your digital assets lawfully and efficiently.
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Mirror Wills versus Mutual Wills - key differences
When planning your estate, understanding the difference between mirror Wills and mutual Wills is essential. While both allow couples to make similar provisions for their assets, the legal effect, flexibility, and risks differ significantly.
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