Estate Planning Archives

Estate Planning Property TrustGifting Assets to a Family Trust: Legal Pitfalls and Protective Strategies

5 July 2025

Transferring personal assets into a family trust is a popular vehicle for wealth protection and estate planning. The advantages are well-publicised—asset shielding, tax planning, succession control—but the legal mechanics behind the transfer are often overlooked. As accountant Geoff Gartly notes, family trusts can serve as a flexible and central structure for managing investments. This post...

Estate Planning Probate & WillsWhen the Original Will Goes Missing: A Victorian’s Guide to Navigating the Legal Maze

5 July 2025

The phone call comes at the worst possible time. A loved one has passed, and amid the grief, you uncover a frustrating reality: the original will, which names you as executor, has vanished. The safe is empty, the solicitor has no record, and all you have is a photocopy. What now? If you’re in Victoria,...

Estate Planning Probate & Wills UncategorisedDigital Assets and Estate Planning in Australia: Securing the Digital Legacy

3 July 2025

In today’s digital economy, Australians are accumulating wealth in unprecedented forms—cryptocurrency, online businesses, monetized social media accounts, and cloud-stored collections of personal data. Despite their financial and sentimental value, digital assets are frequently overlooked in estate plans, leaving beneficiaries vulnerable to loss, disputes, and tax consequences. Why Digital Assets Matter in Estate Planning Digital assets—anything...

Estate Planning Probate & WillsEstate Planning in Victoria: Protecting Your Legacy from Will Challenges in Blended Families

3 July 2025

Navigating estate planning in blended families is rarely straightforward—especially when estrangement is involved. You might believe you’ve made your intentions clear in your will, but Victorian law gives certain family members, including estranged children, the right to challenge it under Part IV of the Administration and Probate Act 1958. At Hayton Kosky, we regularly advise...

Estate Planning UncategorisedThe Million-Dollar Home Pension Loophole: Is Our System Fair?

6 June 2025

A concerned citizen’s letter to the Treasurer highlights a controversial aspect of Australia’s aged pension system. When a client, a decorated community member with an Order of Australia Medal, recently wrote to Treasurer Dr Jim Chalmers about what he sees as a “gross anomaly” in our pension system, he touched on an issue that affects...

Estate Planning Family Law Probate & WillsOn My Second Marriage… With Children From My First

30 May 2025

Second marriages in Australia are increasingly common. Many couples today bring with them adult children, shared memories from previous lives, and a patchwork of assets — from jointly owned homes to superannuation and insurance policies held individually. And whether we want to admit it or not, in many cases, the husband dies first. So how...

Estate Planning Probate & WillsThe Family Heirlooms Nobody Wants (But Everyone Ends Up With)

29 May 2025

Let’s be honest — your lovingly polished antique sideboard? Your kids are mentally loading it into the trailer for a tip run. That crystal decanter set from Nana? They’re wondering if Vinnies will even take it. And your commemorative cricket ball collection? Sorry, Dad — no one’s fighting over it. Here’s the straight-up truth most...