The Wills and Estates Transmission

In this episode of the Wills and Estates Transmission Podcast, Tony speaks with Rachael Ryan from de Groots about discretionary testamentary trusts and how proposed tax changes have affected estate planning.Rachael explains what a testamentary trust is, how it differs from a discretionary family trust established during someone's lifetime, and why testamentary trusts have traditionally offered both asset protection and potential tax advantages.The discussion looks at the Federal Government's proposed changes to the taxation of discretionary trusts and the uncertainty initially created around whether testamentary trusts would also be affected.Rachael also explains how de Groots is responding by building greater flexibility into wills, including provisions that may allow beneficiaries to decide whether to receive their inheritance through a testamentary trust or, where appropriate, receive some or all of it directly.What is a discretionary testamentary trust?How is it different from a family trust?What tax changes have been proposed for discretionary trusts?Why did the announcement create uncertainty for testamentary trusts?Why asset protection remains an important reason to use a testamentary trustHow trusts can help protect inheritances in the event of divorce, bankruptcy or other financial risksWhy a beneficiary may prefer to receive an inheritance directlyHow opt-out provisions can provide greater flexibilityWhy estate planning needs to account for changes that may occur decades into the futureTestamentary trusts can still provide significant asset-protection benefits, but tax laws and family circumstances can change.Building flexibility into a will can allow beneficiaries to assess their circumstances at the time of inheritance and choose the structure that best suits them, rather than trying to predict today what the legal and tax environment may look like many years from now.

In this episode of the Wills and Estates Podcast, Tony speaks with Emma from de Groots about the risks of informal wills and why handwritten notes, text messages or other documents can create serious complications for an estate.Emma explains the formal requirements for a valid will and what can happen when those requirements are not followed. In some circumstances, a Court may recognise an informal document as a will, but that can create additional uncertainty, cost and delay.The discussion also covers what can happen when someone writes changes directly onto an existing will and whether those handwritten amendments could be treated as an informal codicil.What is an informal will?What are the formal requirements for making a valid will?Can a handwritten note be treated as a will?Can a text message or video recording contain testamentary wishes?What happens if you write changes directly onto an existing will?What is an informal codicil?Why executors may need to bring informal documents to the Court’s attentionThe additional cost and delay informal wills can createWhy properly updating a will is safer than relying on informal changesAn informal document may sometimes be recognised as a will, but relying on that process can create uncertainty and additional legal expense.If you want to make or change a will, the safer approach is to obtain proper legal advice and ensure the document is prepared and executed correctly.In This EpisodeKey Takeaway

In this episode of the Wills and Estates Transmission Podcast, Tony speaks with Julia Tutt from de Groots about what can happen when family assumptions, verbal promises and estate planning do not match.The discussion centres on Tarazi v Paras [2026] NSWSC 369, a New South Wales Supreme Court case involving three daughters and a property in Ashbury.Two of the daughters claimed their father had verbally promised the property to them. However, his will divided the property between all three daughters.Julia explains why a family understanding or a single conversation may not be enough to establish a legal entitlement to property. She also discusses proprietary estoppel, the importance of documenting significant arrangements and the responsibilities of executors.The case also provides a warning for executors who delay administering an estate. Ignoring an estate or waiting for time to pass does not remove the obligation to deal with it properly.Can a verbal promise determine who receives a property?What is proprietary estoppel?Why family “lore” can lead to disputesWhy important arrangements should be documentedWhat happens when executors fail to administer an estateWhether the eldest child has greater inheritance rightsHow an executor should be chosenWhy families need to have difficult estate planning conversationsDo not rely on assumptions, informal conversations or family stories about who will inherit a property.Have the conversation, obtain proper advice and make sure the intended arrangement is clearly documented.Tarazi v Paras [2026] NSWSC 369This podcast provides general information only and does not constitute legal advice. Legal advice should be obtained for individual circumstances.In This EpisodeKey TakeawayCase DiscussedDisclaimer

In this episode of De Groots with DeGroots, Tony Skinner speaks with Elizabeth Lorimer about estrangement in family provision applications.Elizabeth explains that estrangement is a factor the court may consider, but it is not an automatic barrier to a claim. The discussion covers how courts assess need, the difference between estrangement and disentitling conduct, why family provision cases are highly fact-specific, and why simply leaving someone out of a will does not guarantee they cannot make a claim.The episode also looks at practical considerations for will makers, including the importance of documenting reasons for unequal provision and understanding how courts may treat long-term family breakdowns.Estrangement can be relevant in a family provision application, but it is only one factor among many. The court will still consider the size of the estate, the applicant’s need, competing claims, and the relationship between the applicant and the deceased. Elizabeth notes that many family provision applications settle at mediation, particularly in Queensland where mediation is mandatory. Even so, lawyers still need to prepare the case as if it may ultimately be heard by the court. A central issue in family provision law is whether the applicant has been adequately provided for. The applicant’s financial need is often the critical factor. Without need, the court may not have power to make further provision. Elizabeth explains that estrangement may involve a long breakdown in the relationship, lack of contact, distance, or family conflict. Disentitling conduct is much more serious and may involve violence, serious theft, abuse, or other gross behaviour. Elizabeth is clear that there is no foolproof way to exclude a child from making a family provision claim. A child’s eligibility remains, even where there has been long-term estrangement. Leaving a reason in the will or a separate document may help provide context, but it is not a guarantee

In this episode of the Wills & Estates Transmission Podcast with de Groots, Tony Skinner speaks with Maree Harris about elder abuse and the important role solicitors can play in identifying warning signs, protecting vulnerable clients, and ensuring estate planning instructions are genuinely coming from the client.Elder abuse is a growing concern, especially as Australia’s population ages and more families deal with estate planning, powers of attorney, capacity and intergenerational wealth.Maree explains what elder abuse is, the different forms it can take, and why psychological, emotional and financial abuse are often the most common. She also discusses the importance of meeting elderly clients privately, taking instructions directly from the client, assessing capacity properly, and knowing when warning signs may require further action.If you suspect elder abuse, you can contact the NSW Ageing and Disability Abuse Helpline on 1800 628 221.What elder abuse means under the World Health Organization definitionThe importance of a relationship of trustCommon forms of elder abuse, including emotional, psychological, financial, physical, sexual abuse and neglectWarning signs solicitors should look for when advising elderly clientsWhy solicitors should meet elderly clients alone when taking instructionsHow financial abuse can occur through bank accounts or powers of attorneyThe importance of checking whether an attorney has authority to make gifts or transfer fundsCapacity assessments and why capacity depends on the decision being madeThe risks of family members giving instructions on behalf of an older personWhy elderly people may be reluctant to speak upThe role of education around wills, powers of attorney and enduring guardianshipWhat to do if elder abuse is suspectedThe NSW Ageing and Disability Abuse HelplineNSW Ageing and Disability Abuse Helpline1800 628 221

In this episode, Julia Tutt discusses the legal and emotional aspects of funerals, burial rights, and organ donation, emphasising the importance of communication and planning for end-of-life arrangements.Key topicsRole of executor in funeral arrangementsLegal distinction between wishes and binding directivesImportance of discussing end-of-life wishes with familyOrgan donation procedures and legal considerationsCase study on funeral disputes and court intervention

In this podcast episode, Tony interviews Margot De Groot about the role and importance of notaries public. Margot explains what a notary public is, the differences between notaries and justices of the peace, and common misconceptions surrounding notarial services. She emphasises the trust and fiduciary role of notaries in verifying documents for international use, particularly in estate matters and legal documentation. The conversation also addresses common questions people have about notaries and provides key takeaways for listeners.takeawaysA notary public is a solicitor with a minimum of 10 years of practice.Notaries verify documents for international use, ensuring trust.Common reasons for needing a notary include estate matters and academic records.Notaries differ from justices of the peace in their legal authority.Notaries can perform a variety of roles, including international shipping documentation.Personal attendance is required for notarization to verify identity.Notaries hold a historical role dating back to the 12th century.Public awareness of notaries is limited compared to justices of the peace.Each state has a society of notaries with comprehensive resources.Understanding the distinction between notaries and JPs is crucial.

In this episode, Tony and Isabel Ayoub discuss the critical relationship between marriage and wills, particularly in New South Wales. They explore how marriage can revoke existing wills unless specific clauses are included, the legal criteria for marriage, and the importance of updating estate planning documents. The conversation emphasises the need for individuals to consult with estate planning lawyers to ensure their wishes are honored and to avoid complications that may arise from not updating their wills after significant life events such as marriage or divorce.Marriage revokes your will unless made in contemplation of marriage.Estate planning is crucial during major life events like marriage.Many people neglect to update their wills after marriage.Legal criteria for marriage include consent and not being closely related.Wills can remain valid if they include specific clauses.It's important to understand the implications of marriage on your estate.Consulting an estate planning lawyer is essential for proper guidance.Estate planning documents should be regularly reviewed and updated.Divorce and annulment have separate legal considerations in estate planning.Your estate includes more than just property; it encompasses all assets.

This is a lighhearted conversation about a serious topic. We are not aiming to offend.The conversation delves into the Troja case, where a woman was found guilty of manslaughter for killing her husband. The discussion highlights the implications of the forfeiture rule, which prevented her from inheriting anything from her husband's will, redirecting the inheritance to her mother-in-law instead.

In this episode of the Wills and Transmissions podcast, hostTony speaks with junior lawyer Isabel Ayoub about the critical issue of mental health in the legal profession. They discuss the unique pressures faced by junior lawyers, the importance of support systems, and the need for a positive approach to well-being. Isabel shares insights from her experiences and a recent conference on lawyer well-being, emphasising the need for open conversations about mental health and practical strategies for maintaining it in a high-stress environment.