News and resources

A recent dispute in the Supreme Court of NSW involved a binding death benefit nomination and a superannuation trustee.

A man and his de facto spouse had lived together with their two small daughters for five years, when in October 2019, he was diagnosed with inoperable pancreatic cancer.

As his condition worsened, he began putting his affairs in order.

In November 2019, he instructed his lawyer to prepare a will.

The man’s assets included a superannuation death benefit in excess of $4.7 million.

He instructed his lawyer that he wanted this death benefit to be paid to his estate, and for the authority to be given to apply the benefit towards discharging debts.

On 15 July 2020, the man was admitted to hospital for palliative care.

On 23 July 2020, he executed his last will, which was prepared by his solicitor in accordance with the instructions given in November 2019.

On 24 July 2020, the deceased instructed his lawyer to prepare a Binding Death Benefit Nomination (BDBN), directing that in the event of his death, the superannuation fund was to pay the $4.7 million death benefit to his spouse. This differed from his original instructions to pay the death benefit to his estate.

At around 12pm on 26 July 2020, the spouse received a call from the man’s doctor, to tell her that the man’s condition had deteriorated, and he was being transferred to the ICU.

Then at around 1pm on the same day, the deceased signed the BDBN in favour of his spouse.

He died later that day.

People are often concerned that their beloved pet – be it a dog, cat, lizard, budgie, parrot, rat, horse or fish – will outlive them, and they want to make sure that companion animal is cared for when they are gone. Your pet is not recognised as a family member in Australia With 63 per […]

Successfully contesting a will can lead to a fairer distribution of assets from a deceased estate and provide protection for vulnerable family members. However, the experience can be fraught with turmoil and financial strain. Emotions can run high and relationships within the family can deteriorate. Contesting a will is a complex legal process that requires […]

A case heard in the NSW Supreme Court of Appeal concerned a 43 year old electrician who sued his late mother’s estate. In her will, she gave everything to her husband (the man’s stepfather) and, in the event of both dying, equally to all of their children. The joint assets were worth in the vicinity of $3 million, meaning that the deceased mother’s share was approximately $1.5 million.

All assets were held in the mother and stepfather’s joint names, meaning that the jointly held assets would transfer directly to the husband. The deceased mother had two sons to a previous relationship, while her husband had two daughters to a previous relationship. They were a blended family and had one child of their own relationship.

The average amount Australians have in superannuation is $147,000. Many of course have far more, so it is important to make sure it is inherited by the person or persons you want to receive the benefit of your life’s savings. Is superannuation included in my will? The most important thing to remember about superannuation is […]

A husband and his wife had four children. Conveniently, they also owned four properties.

The parents decided to give their children one property each as their inheritance, with some financial adjustment to account for the difference in value between the properties.

The two daughters were each to receive a property while the parents were still alive, while the two sons had to wait until after their parents died to receive their share.

Someone disappears. Years go by and they are still missing. There is no message, no letter, nothing to indicate whether they are still alive. No body is found. Families are in limbo. Can their partner legally remarry? When can the missing person legally be declared dead, their will enacted and their assets distributed? Can someone […]

You’ve probably heard the word “probate” used when somebody dies and leaves a will. But what does it mean, and what is the process involved in having probate granted? What is a grant of probate? Under NSW law when a person dies leaving significant assets, the executor of the will needs to apply to the […]

A person is drafting a will but dies before it is signed. Is it legally valid? An unsigned will or an informal will does not comply with the requirements of a legal will. When is an unsigned will considered valid? Under law, a valid will must be in writing, on a material such as paper, […]

What are the responsibilities of executors? Every will needs an executor to administer the deceased person’s estate, ensure the estate’s debts are paid and oversee the disbursement of any inheritances according to the will. Executors are also responsible for making funeral arrangements, which are paid out of the estate of the deceased. In some cases, […]

It happens all the time in whodunit novels and movies. Someone dies and when the family gather to hear the will read by the family solicitor, they are shocked to discover there was a secret will besides the one they had been told about. This surprise secret will cuts out those who expected to inherit […]

On 19 May 2022, NSW became the last state in Australia to pass voluntary assisted dying legislation. It will not come into force until late in 2023, as there is an 18-month implementation period to establish how it will work and to train health practitioners who are willing to be involved in the process. Eligibility […]

A woman became a grandmother when her only child, a daughter, gave birth to a girl in 1995.

Sadly, the woman’s daughter committed suicide in 1996 when the granddaughter was just 18 months old.

The granddaughter then lived with her father at various locations in the Brisbane area and in regional parts of NSW.

She visited her grandmother between 2000 and 2003.

However, from 2003 until the grandmother’s death in September 2017, the grandmother and granddaughter did not see each other again. 

Can I impose conditions in a will, stating that someone must do a particular thing before they can inherit my estate? What if I say they have to convert to Islam or Christianity within a week of my death or they won’t inherit a cent? Is it legal to leave my farm or business to […]

Trusts exist to help ensure your estate ends up with those you want to receive the benefit of your acquired assets – be it cash or property. There are two types of trust – testamentary trusts, which are triggered by your death, and discretionary family trusts, where a trustee holds the property and allows the […]

Death and taxes – the only certain things in life. But when it comes to paying debts from a deceased estate, which ones must be paid first? Many of us would rather pay any debts we owe to friends and relatives before the taxman and banks get their hands on it. However, while it would […]

Suppose you felt that you’d been unfairly cut out of your mother’s will. Doctors diagnosed her with dementia and she became convinced that you were possessed by demons and rode around on a broomstick. You would have thought you’d have a good case that your mother lacked the necessary testamentary capacity to write a will. […]

It’s a classic plot in movies and novels – a man dies, leaving his family to discover at the funeral that he had a secret second family. Both families turn up to mourn, not aware that the deceased man had another family. It makes for great drama, but it also creates a legal quandary. Who […]