Genders and Partners

01/09/2026

Your Will does not automatically determine who receives your self-managed super fund benefits when you die.

Death benefit nominations, the fund’s trust deed and who takes control of the fund all need careful consideration. Our article explores why SMSF succession planning needs its own strategy, coordinated with your broader estate plan—including arrangements for a loss of capacity.

Learn more:
https://www.genders.com.au/smsf-succession-planning-why-your-self-managed-super-fund-needs-its-own-strategy/

31/08/2026

Is probate always needed when someone dies? In South Australia, the answer depends on the estate’s assets and the requirements of the institutions holding them.

Our article explains what probate is, when it may be required, and what the process involves—helping executors and families understand their responsibilities when administering an estate.

Learn more:
https://www.genders.com.au/probate-in-south-australia-what-it-is-when-you-need-it-and-how-it-works/

Understand when probate is required in South Australia, how the application process works, and what executors must do to administer an estate correctly.

20/08/2026

Contesting a Will can involve complex legal, financial and emotional considerations.

In South Australia, a challenge may involve questioning whether a Will is legally valid or making a family provision claim because an eligible person believes adequate provision was not made for them.

Each pathway involves different legal considerations, and time limits may apply. Every estate and family situation is different.

Learn more: https://www.genders.com.au/contesting-a-will-in-south-australia-what-you-need-to-know/

Learn the two main ways to contest a Will in South Australia — validity challenges and family provision claims — and what the law requires to succeed.

17/08/2026

For many South Australians, the family home is the most valuable asset in their estate. It is also deeply personal – associated with decades of memory and, in many cases, currently occupied by a surviving spouse, a dependent child, an elderly parent, or another family member who has nowhere else to go.

Learn more: https://www.genders.com.au/accommodation-after-death/

In your Will, you can create a testamentary trust leaving the house on trust, to be used by the intended person.

13/08/2026

When a child has a gambling problem, a substance dependency, an unsuitable or unstable relationship, or simply a demonstrated inability to manage money, leaving them an unconditional inheritance may do more harm than good.

This article addresses the estate planning options available to South Australian Will-makers who are concerned about leaving assets to vulnerable or financially unreliable adult children, under the Succession Act 2023 (SA) and related legislation.

Learn more: https://www.genders.com.au/estate-planning-for-problem-children/

An increasing number of Baby Boomer parents are concerned about leaving unconditional bequests in their Wills to their grown-up children, for fear that ...

09/08/2026

What happens when a beneficiary’s expectations do not match the terms of a Will?

Assumptions based on informal promises, misunderstandings about the value of an estate or expectations arising from caregiving and financial contributions can sometimes lead to disappointment and family conflict.

This article explores why managing beneficiaries’ expectations can be an important part of estate planning. It also considers the role of clear documentation, careful communication, regular Will reviews and appropriate legal advice.

Every family situation is different, and decisions about communicating your estate planning intentions require careful consideration.

Learn more:
https://www.genders.com.au/expectation-management/

03/08/2026

Estate planning mistakes can affect anyone — including the rich and famous.

The experiences of well-known figures such as Heath Ledger, Marlon Brando, Jimi Hendrix and Princess Diana highlight several important lessons: update your Will when circumstances change, document your intentions properly, avoid relying on oral promises and seek appropriate advice rather than using DIY documents.

While every estate is different, careful planning may help ensure your wishes are clearly recorded and understood.

Read the full article:
https://www.genders.com.au/estate-planning-disasters-of-the-rich-and-famous/

29/07/2026

A testamentary trust is established through a Will and allows assets to be held and managed by a trustee for the benefit of nominated beneficiaries.

As explained in our article, testamentary trusts can offer benefits including asset protection, potential taxation advantages in some circumstances, and greater control over how family assets are managed and passed on.

However, a testamentary trust is not appropriate for every situation. Understanding how these trusts work is an important part of considering your estate planning options.

Read the full article:
https://www.genders.com.au/what-are-testamentary-trusts/

28/07/2026

A discretionary trust can be an important consideration when planning how assets are managed and distributed.

Depending on individual circumstances, trusts may provide greater flexibility in how assets and income are managed for beneficiaries and can form part of a broader estate planning strategy.

Understanding how trusts work can help you consider whether this structure may be appropriate for your estate plan.

Learn more:
https://www.genders.com.au/wills-and-estate-planning-adelaide-benefits-of-a-discretionary-trust/

Discretionary trust are flexible estate planning tools that can offer you many advantages. It is a remarkable financial and estate planning tool.