Estate Planning Archives

Estate Planning Probate & Wills TrustThe Smartest Way to Protect Your Family’s Future: Why a Testamentary Trust is a Must-Have for High Net Worth Victorians

15 August 2025

When Peter and Sue, successful Melbourne professionals with a substantial asset portfolio, sat down to plan their estate, they faced a question that troubles many high-net-worth families: how can we ensure our hard-earned wealth is protected and benefits our children and grandchildren long after we are gone? A simple will just wouldn’t cut it. Their...

Elder Abuse Estate Planning Probate & WillsVideo Wills & Vigilant Courts: The New Frontline Against Elder Abuse in Victoria

14 August 2025

Elder abuse is a confronting issue, often hidden behind closed doors. With one in six older Australians experiencing some form of abuse, it’s a growing concern for families across Victoria.1 Most perpetrators are not strangers but trusted individuals, often family members.2 Financial abuse, in particular, is one of the most common forms, frequently involving...

Elder Abuse Estate Planning Ethics Probate & WillsThe War Hero, The Hairdresser, and the Will: A Tragic Lesson from Re Maddock

13 August 2025

He was a decorated hero of World War II. Norman William Maddock signed up to fight at 17, served in Tobruk, and was captured during the fierce Battle of Crete before making a daring escape back to Allied lines. In his later years, however, this tenacious soldier faced a different kind of battle—one of failing...

Elder Abuse Estate Planning Ethics Probate & WillsElder Abuse, Capacity & Control of Legal Documents: What You Need to Know in Victoria

8 August 2025

Elder Abuse, Legal Capacity and Document Control: A Cautionary Tale for Victoria At Hayton Kosky Lawyers, we’ve recently dealt with a concerning matter that highlights a growing problem in Victoria’s ageing population: elder abuse involving legal documents, including wills and certificates of title. While we must keep the details confidential, the situation involved a 90-year-old...

Estate Planning Probate & Wills SuperannuationThe Hidden Tax: How Your Kids Could Lose 17% of Your Super

6 August 2025

For most Victorians, your superannuation is your biggest asset after the family home. You’ve worked hard, and dutifully contributed a portion of your income, watching your nest egg grow. But there’s a hidden tax trap that many Australians are completely unaware of—one that could see your adult children lose a significant chunk of their inheritance...

Conveyancing Estate Planning Property Superannuation TrustSuperannuation’s $3 Million Tax: How Victorian Taxpayers Can Strategically Navigate Division 296

5 August 2025

The proposed Division 296 tax, targeting superannuation balances over $3 million, presents a significant challenge for many Australians. This additional 15% tax on investment earnings above the threshold effectively doubles the tax rate on those earnings to 30%, making sophisticated mitigation strategies a necessity for high-balance super members. While the legislation has lapsed and will...

Estate Planning Probate & WillsI Am the Executor of My Parent’s Estate in Victoria: What Are My First Steps?

4 August 2025

Losing a parent is one of life’s most challenging experiences, and discovering that you’ve been named as the executor of their estate can feel overwhelming during an already emotional time. If you’re facing this responsibility in Victoria, Australia, understanding your role and the specific legal requirements can help you navigate this important duty with confidence....

Estate Planning Probate & WillsWhy DIY Wills Are a Recipe for Disaster: The Hidden Dangers That Could Destroy Your Family’s Future

23 July 2025

Published by Hayton Kosky Lawyers – Melbourne’s Trusted Estate Planning Experts Since 1991 When Sarah’s father passed away last year, she thought his handwritten will would be straightforward to execute. After all, he’d carefully listed his assets and named his beneficiaries in what seemed like clear, simple language. Twelve months and $45,000 in legal fees...

Estate Planning Probate & Wills TrustPreventing Family Inheritance Disputes: Essential Legal Strategies for Victorian Families

8 July 2025

Inheritance disputes are on the rise across Australia, and Victoria is no exception. With over 10% of wills facing legal challenges and 74% of disputes resulting in modified distributions, it’s essential for Victorian families to plan carefully to protect both their assets and family relationships. The Victorian Legal Landscape Victoria’s succession law is governed primarily...

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...

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