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Many people decide to leave a bequest to a charity in their Will to create a legacy and to support causes they care about.

The Federal Budget represents a significant shift in how Australians will approach intergenerational wealth transfers. For decades, discretionary family trusts have been central to tax planning and asset structuring for business owners, professionals, investors and farming families - not just as holding vehicles, but as tools for controlling how wealth is taxed and passed on. That era is changing.

Deciding how to pass on your wealth is rarely a dry, purely financial exercise - it’s often layered with emotion, family politics, unspoken expectations, and, occasionally, a touch of drama.

Administering a deceased estate is challenging at the best of times, however, the difficulty increases significantly when cross-border elements are involved, particularly when executors or beneficiaries are located outside Australia.

Careful succession planning requires more than a Will alone. Family trusts are often used to protect assets, preserve control and support long‑term family objectives.

Dealing with a deceased estate is challenging enough without unexpected tax surprises. Learn how the main residence exemption works, when it applies, and what to watch out for to protect the estate's value.

The amendments made to the categories of people eligible to make family provision claims under Part IV of the Administration and Probate Act 1958 were made over a decade ago and were intended to reduce the amount of family provision claims by reducing the categories of people who were eligible to apply.

Protecting the rights and wellbeing of elderly family members is a concern shared by many, however, and rather unfortunately, instances of exploitation and abuse often arise at the hands of those whom an elderly person trusts most.

For families of children with a disability, a significant concern is making sure that child will be looked after long into the future. This means making plans to safeguard the child’s financial and health care needs. For many families, establishing a Special Disability Trust may be an effective way of doing this.

You may have heard about changes that have recently been made to the filing fees payable to the Probate Office of the Supreme Court of Victoria upon the application for a Grant of Probate or Letters of Administration for a deceased estate. This issue has been getting a lot of attention in the media, with some outlets referring to it as a “death tax by stealth”.

We are delighted to announce that Lizia Lim, Principal Lawyer at Aitken Partners, has received two prestigious accolades in the field of Wills & Estates.

Aitken Partners has been honoured with distinguished recognition as a Recommended Firm in Wills & Estates Succession Planning by Doyle’s Guide 2024.

The Victorian Government is contemplating substantial changes to probate fees, with a recent paper outlining potential reform options and seeking feedback by 19 July 2024.

When and why might the Court remove the executor of a deceased estate? When does an executor’s ill health warrant their removal? Moore J considers these matters in the recent decision of Jedrzejewska v Sheedy [2023] VSC 511 (30 August 2023).

The Court can set aside a Will, even if the person signing the Will had testamentary capacity and wanted to sign their Will.

Jack Conway is one of our rising stars and an Accredited Specialist in Wills & Estates, which is why the Financial Standard has interviewed him for its special feature on Estate planning | Onwards and upwards.

Vale Queen Elizabeth II. There are important lessons that can be recognised in how Queen Elizabeth II's legacy will pass to the next generation.