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In NSW, the forfeiture rule bars a perpetrator from inheriting from the victim's will or under intestacy laws. It also prevents one beneficiary from killing another beneficiary to claim a larger share of the estate. The Supreme Court of NSW applies the rule in two main scenarios: Where the person has a criminal conviction for the unlawful killing. Even without a criminal conviction meeting the "beyond reasonable doubt" standard, as forfeiture proceedings are civil matters dec

When a loved one passes away, discovering you've been left out of their will—or received what feels like an insufficient or unequal share—can be deeply upsetting. Feelings of unfairness are common, especially when family expectations clash with the final wishes outlined in the document. The good news is that in New South Wales, the law provides options for eligible people to challenge what they see as an unfair will. Under the Succession Act 2006 (NSW) , certain family member

Choosing the right executor is one of the most critical decisions when making a will in New South Wales. The executor must be someone the testator trusts completely to administer the deceased estate with honesty, care, and diligence. Ideally, this person should also be seen as fair and reliable by family members and other beneficiaries. After the testator passes away, the executor works closely with the deceased’s family and beneficiaries. However, conflicts often arise when

Planning for the future typically involves a few key steps: saving for retirement, appointing an enduring power of attorney, and, most famously, writing a will. A will is your final voice, ensuring that your assets are distributed exactly as you wish. But what happens when someone is unable to have that voice? What if a cognitive decline from dementia, a sudden traumatic brain injury, or a lifelong disability means they don't have the mental capacity to understand, create, or

Australia does not have an official inheritance or death tax. However, numerous families are silently losing tens or even hundreds of thousands of dollars when superannuation death benefits are transferred to adult children. This concealed “super death tax” is surprising retirees who believe their will covers all assets and that their children will inherit their superannuation tax-free. If you're over 60 with a substantial super balance (the average for 75-year-olds is approx

Many people in Shoalhaven think estate planning is just about writing a will, but missing key details can cause big problems later. If your plan isn’t up to date or overlooks important legal steps, your family could face delays and disputes when you’re gone. This guide will highlight nine common estate planning mistakes in Shoalhaven and show you practical ways to avoid them, so your wishes are clear and your loved ones are protected. Common Estate Planning Mistakes Estate pl

Why Your Will Might Be Outdated and What to Do Instead If you’re a retiree in Australia, chances are you made (or last updated) your will years ago—perhaps when you were still working, the kids were at home, and your super was just a growing pot of money. Life has changed. Your assets, family situation, and even the law have evolved. The good news? A quick review can save your family thousands in legal fees, delays, and arguments. Here are three common things retirees should

Contesting a will Inheriting assets from a loved one should bring comfort during grief, but estate disputes in Australia  are increasingly common. With the great wealth transfer underway and complex family structures on the rise, contested wills and inheritance battles are fracturing families and delaying distributions across the country. Recent data shows contested wills have increased significantly, with estimates that up to 10% of Australian wills face legal challenges. Fa

As we head into March 2026, NSW families — from Sydney’s bustling suburbs to the Hunter Valley, Central Coast, South Coast and regional towns — face the same timeless question: “Have I done enough to protect my loved ones?” While there is no sweeping new inheritance law commencing on 1 March 2026, the combination of rising estate disputes, the latest statutory legacy increase, and the realities of modern blended families means now is the perfect time to review your will and e

Inheritance Disputes Inheritance disputes are one of the most stressful experiences Australian families face after losing a loved one. With property prices soaring and blended families on the rise, inheritance disputes in Australia  have surged in recent years. The last thing grieving relatives want is a bitter fight over a will or estate — yet thousands of families end up in costly Supreme Court battles every year, especially in NSW. This complete guide explains how to resol

Probate law can seem daunting, but understanding its key concepts and processes is essential for anyone dealing with the estate of a...

Planning for the future can feel overwhelming, especially when it comes to estate planning. Many people think estate planning is only for...