Probate & Wills 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...

Probate & Wills TrustA Guide to Victorian Probate and Estate Law: Part IV Claims & The Truth About Trusts

7 August 2025

Coping with the loss of a loved one is challenging enough without the added complexities of Victorian probate and estate law. Many families find themselves in a daunting legal landscape, uncertain of their rights and obligations. This is especially true when considering a challenge to a will or trying to understand the role of family...

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...

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...

Probate & Wills UncategorisedIntestate Succession NSW: When On-Again Off-Again Relationships Challenge Traditional Inheritance Law

22 July 2025

The recent NSW Supreme Court decision in [case name withheld] presents a fascinating intersection of human complexity and legal categorisation that challenges our traditional understanding of inheritance rights [1]. Justice Peter Brereton’s ruling, which awarded an entire $300,000 estate to a former partner despite their tumultuous nine-year on-again off-again relationship, illuminates the profound difficulties courts...

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...

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