Sarah Colvin - Personal Injury and Family Lawyer

18/10/2026

You’ve made a Will. But have you thought about your superannuation?

Here’s something that surprises many people:

Your superannuation doesn’t automatically form part of your estate when you die.

Unlike assets held personally, superannuation is generally held in a trust, and the distribution of your death benefit is subject to the fund’s rules and applicable superannuation law.

Depending on your circumstances, your superannuation death benefit may be paid directly to an eligible beneficiary or to your estate.

This is where a binding death benefit nomination can become important.

A valid binding nomination can direct the trustee of your superannuation fund to pay your death benefit to an eligible person or your legal personal representative.

But there are a few things worth remembering:

✔️ Not all superannuation funds offer the same nomination options.

✔️ Some binding nominations expire and need to be renewed, while others may be non-lapsing.

✔️ Your nominated beneficiary must be eligible under the applicable rules.

✔️ Your Will and your superannuation nominations should be considered together as part of your estate planning.

The takeaway?

Having a Will is important, but it’s not necessarily the complete picture when it comes to planning what happens to your assets after your death.

Taking the time to review your superannuation arrangements alongside your Will can help ensure your estate planning reflects your intentions.

📩 If you’re preparing or updating your Will, our office can assist you in considering the broader estate planning picture.

General information only. Superannuation death benefit arrangements depend on the applicable legislation, fund rules and individual circumstances.

SouthAustralianLaw WillsSA EstatePlanningAustralia AdelaideLegalAdvice

15/10/2026

👨‍👩‍👧‍👦 Does separation automatically mean 50/50 parenting arrangements?

It’s one of the most common questions parents have when navigating separation.

And the answer is no.

Under Australian family law, there is no automatic entitlement to equal time with children following separation.

In fact, changes to the Family Law Act that commenced in May 2024 removed the previous presumption of equal shared parental responsibility.

Importantly, that presumption concerned decision-making about major long-term issues — it never meant that children automatically had to spend equal time with each parent.

So, how are parenting arrangements determined?

Where parents cannot agree and the Court is required to make parenting orders, the paramount consideration is what is in the best interests of the child.

Relevant considerations include:

✔️ Safety — protecting children and their carers from family violence, abuse, neglect and other harm.

✔️ The child’s needs — including their developmental, psychological, emotional and cultural needs.

✔️ The child’s views — considered in light of their individual circumstances.

✔️ Each parent’s capacity — to meet the child’s needs.

✔️ Family relationships — the benefit to the child of maintaining relationships with parents and other significant people, where it is safe to do so.

For some families, equal time arrangements work well.

For others, different arrangements may better meet their children’s needs.

There is no one-size-fits-all solution.

And importantly, parents don’t necessarily need to go to Court to establish parenting arrangements. Many families reach agreements through discussions, negotiation or family dispute resolution.

💬 The takeaway?

Parenting arrangements should be about finding a safe, practical and appropriate arrangement for your children — not simply dividing their time equally between two households.

📩 Contact our family law team on 8202 0099 to discuss your circumstances. General information only. Parenting arrangements depend on individual circumstances and the best interests of the children involved.

14/10/2026

🏡 The house is in their name. Does that mean it’s theirs?

It’s a question that comes up surprisingly often when couples separate.

Perhaps your partner purchased the family home before you met.

Perhaps you’ve lived there together for years, but your name was never added to the title.

Or perhaps you’ve spent much of your relationship raising children while your partner paid the mortgage.

Does that mean you have no entitlement to the property?

Not necessarily.

Under Australian family law, property settlements aren’t determined simply by whose name appears on the title.

For married couples and eligible de facto partners, the law looks at the broader financial circumstances of the relationship.

This can include:

✔️ Financial contributions — such as income, mortgage payments and assets brought into the relationship.

✔️ Non-financial contributions — including renovations, improvements and unpaid work.

✔️ Homemaking and parenting — raising children and managing the household are recognised contributions.

✔️ Current and future circumstances — including earning capacity, health and the care and housing needs of children.

The property settlement process also considers other assets, superannuation and liabilities.

Importantly, there is no automatic 50/50 split, and being on the title doesn’t guarantee that you’ll retain the property.

Every relationship is different, and the appropriate outcome depends on its particular circumstances.

💬 The takeaway?

Don’t assume you have no entitlement simply because your name isn’t on the family home.

And equally, don’t assume that being the registered owner means you’ll automatically keep it.

Understanding your legal position early can make an enormous difference when navigating separation.

📩 If you’re separating and uncertain about your property rights, contact our family law team for advice about your circumstances.

General information only. Property settlement entitlements depend on individual circumstances, including whether the legal requirements for a de facto property claim are satisfied.

14/10/2026

🏡 Does every estate need probate?

When someone passes away, their family is often left navigating unfamiliar legal and financial responsibilities.

One of the first questions we hear is:

“Do we need to apply for probate?”

The answer might surprise you.

Not every deceased estate requires a grant of probate.

In South Australia, whether probate is necessary generally depends on the nature of the deceased person’s assets and the requirements of the organisations holding them.

For example:

🏠 Real estate: If the deceased owned property in their sole name or as a tenant in common, a grant will generally be required before their interest can be transferred.

🏦 Bank accounts: Some banks will release smaller amounts without requiring probate, although their requirements vary.

👫 Jointly owned property: Property held as joint tenants will generally pass to the surviving joint owner without probate being required for that asset.

📄 Having a Will: The existence of a valid Will doesn’t automatically mean that probate is necessary.

So, what exactly is probate?

Put simply, it’s a formal grant issued by the Supreme Court confirming an executor’s authority to administer a deceased person’s estate.

And while some estates can be administered without obtaining a grant, others require a formal application before assets can be collected and distributed.

Dealing with the loss of someone you love is difficult enough without having to navigate unfamiliar legal processes.

If you’ve been appointed as an executor, or you’re unsure what needs to happen following the death of a loved one, obtaining advice early can help make the process more manageable.

📩 Contact our office to discuss how we can assist with probate and estate administration.

General information only. The requirements depend on the circumstances of each estate.

SouthAustralianLaw ExecutorDuties ProbateLaw AdelaideLegalAdvice

08/10/2026

🚗 Had a car accident? Your car insurance and your injury claim are two very different things.

In South Australia, Compulsory Third Party (CTP) insurance is included in your vehicle registration.

But here’s something many people don’t realise: CTP insurance doesn’t cover damage to your car.

Instead, CTP insurance deals with personal injuries caused by motor vehicle accidents.

If you’ve been injured in an accident caused by someone else, you may be entitled to compensation for things such as:

✔️ Medical and treatment expenses
✔️ Lost income
✔️ Future loss of earning capacity
✔️ Pain and suffering, where the legal requirements are met

Vehicle repairs, on the other hand, are generally dealt with through property insurance or a claim against the responsible party.

South Australia’s CTP scheme is generally fault-based, although special arrangements apply in certain circumstances, including injuries to children and some catastrophic injuries.

The important takeaway? Don’t assume that because your car insurance claim has been finalised, your personal injury claim has been dealt with too.

If you’ve been injured in a motor vehicle accident, obtaining legal advice can help you understand your rights and the compensation that may be available.

📩 Contact our office to discuss your circumstances.

General information only. Entitlements depend on the circumstances of each accident.

InjuryCompensation AdelaideLegalAdvice KnowYourRights

02/10/2026

After a car accident, keeping paperwork is probably fairly low on the list of things you feel like doing.

But if you’ve been injured, a little organisation early on can make things much easier later.

Some useful things to keep track of include:

✔️ who is treating you and when
✔️ receipts for injury-related expenses
✔️ information about time away from work or changed duties
✔️ relevant payslips and employment records
✔️ occasional notes about how your injuries are affecting everyday life

You don’t need to document every uncomfortable moment or turn your recovery into an administrative exercise.

The aim is simply to avoid having to reconstruct everything from memory months, or sometimes years, later.

And perhaps the most important one:

Get advice early.

You don’t need to know whether you have a claim, what documents you’ll eventually need or how the process works before speaking with a lawyer.

That’s what we’re here to help you understand.

Personal Injury. Personal Advice.

23/09/2026

What does the term ISV actually mean?

The ISV (which stands for Injury Scale Value) is a number which represents the severity of injuries sustained in a motor vehicle accident in South Australia.

In SA, the ISV acts as a threshold, meaning that certain heads of damage are only available to people of the overall ISV is over a certain value.

It’s important to understand that only a Court can ultimately determine an ISV, an insurer cannot. Until then, the ISV is up for negotiation between the parties just like everything else.

If an insurer has “determined” your ISV, particularly if it has been assessed at 7 or less, make sure you get legal advice because this could have significant implications for your claim for compensation.

Give me a call on 8202 0045 with any questions about the ISV or anything else for your motor vehicle claim.

18/09/2026

17/09/2026

160ish files in 6 hours Hopefully the snacks will get us through!!

10/09/2026

Having a Will is important. But when did you last actually read yours?

Estate planning is often something we deal with once, put safely away and don’t think about again.

Meanwhile, life keeps changing.

We marry. Separate. Have children. Buy property. Change jobs. Build businesses. Relationships change. The people we trusted ten years ago may not necessarily be the people we’d choose today.

That’s why having estate-planning documents isn’t necessarily the end of the process.

From time to time, it’s worth asking:

Do these documents still reflect my life and what I actually want?

A review doesn’t necessarily mean everything needs to be redone. Sometimes it simply gives you confidence that the arrangements you already have remain appropriate.

And remember, estate planning can involve more than your Will — superannuation, your Enduring Power of Attorney and your Advance Care Directive can all form part of the bigger picture.

If your life has changed significantly since you prepared your estate-planning documents, it may be time to take another look.

Contact us if you’d like advice about reviewing or updating your estate planning.