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...
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...
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...
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...
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...
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...
