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....
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...
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...
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...
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,...
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...
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...
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...
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...
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...
