Can You Challenge a Will in South Australia? A Guide to Family Provision Claims
Can you challenge a will in South Australia? Sometimes, but not simply because you disagree with it. The law generally respects a person’s right to decide how their assets are distributed. However, this freedom is balanced by legal protections for specific family...
Enduring Power of Attorney vs Advance Care Directive in South Australia: What’s the Difference?
Many people assume one legal document can cover all of their future decision-making needs. This isn’t the case in South Australia. An enduring power of attorney deals with your financial affairs, while an advance care directive deals with your health care,...
Blended Families in South Australia: How to Ensure Everyone Is Provided For Fairly in Your Estate Plan
Estate planning for blended families in South Australia often needs more than a standard will if everyone is to be provided for fairly. If you’ve built a new life with your current partner, but you also want to protect your children from a previous relationship, a...
A Step-by-Step Guide to Applying for Probate in South Australia
When someone passes away and leaves a will, their executor faces the task of managing the deceased’s estate. Part of this process often requires getting the legal authority to do so through a grant of probate. This article provides a step-by-step guide to applying for...
Who really controls the family Trust?
That’s easy isn’t it- the trustee? But what about the other roles? An appointor (sometimes called a principal, protector, or guardian depending on the terms of the relevant trust deed) is a key role in many discretionary trusts. The appointor is the person or entity...
What will a testamentary trust protect?
A testamentary trust is simply a trust established in a will. Such a trust can offer strong protection for your beneficiaries’ inheritance, but how much protection it provides depends on how the trust is structured. A testamentary trust only comes into effect after...
What if I am a company director and I die or lose mental capacity?
Your personal power of attorney probably will not cut it. The role of a director is a personal office not easily delegated by a director to another. A Company Power of Attorney (POA) however is a legal instrument that enables a company to authorise a person or another...
Will my Power of Attorney be Recognised in Other States?
An issue can sometimes arise where an attorney seeks to enter into transactions in a jurisdiction outside of where the power of attorney was originally made. An Enduring Power of Attorney (EPOA) made in one Australian state or territory is generally recognised in...
What are the Latest Changes to the Family Law Act and how will they Affect Me?
Effective 10 June 2025, significant reforms to Australia's Family Law Act 1975 will come into effect, following the passage of the Family Law Amendment Act 2024. These changes aim to enhance fairness, safety, and clarity in resolving family law matters, particularly...
Will the Proposed Changes to Superannuation Taxation Affect Me?
Many readers will have heard about the proposed changes to superannuation taxation that the government plans to introduce. As of 1 July 2025, the Australian government plans to implement Division 296, introducing a significant change to superannuation taxation for...