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...
What happens when the money you’ve spent decades building disappears into the wrong hands? Picture this: David worked for 35 years, diligently contributing to his superannuation fund. When he passed away unexpectedly at 58, his family assumed his $450,000 super balance would automatically flow to his wife, Sarah, and their two adult children according to...
When Margaret Thompson, a 72-year-old retired teacher from Melbourne, sat down with her solicitor to finalise her will, she faced a dilemma that confronts many Australians: who should she appoint as executor of her estate? With two adult children—David, a successful barrister living in Sydney, and Sarah, a nurse who lived nearby but had limited...
When Jana Pittman was recently asked, “If you died today, what would you regret not having done yet?” her answer wasn’t about unfulfilled dreams or bucket list adventures. The two-time world champion athlete, Olympic competitor, and mother of six gave a startlingly practical response: “My will.” It’s the kind of brutally honest answer that makes...
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...
