Your Estate Lawyer

Your Estate Lawyer I’m Fiona Shilton. Your Estate Lawyer, Leader of the Strong-Willed Movement. An empathetic, straight-talking, big-hearted lawyer and estate coach.

A person on a mission to make preparing for death and making brave decisions a life-changing experience. I'm based in Adelaide Hills, South Australia but I bring the estate planning magic to you at a time that works best for you. Let me know when you're ready to get started.

In the aftermath of death, whether it's anticipated or comes completely out of the blue, when they're least equipped to ...
28/08/2026

In the aftermath of death, whether it's anticipated or comes completely out of the blue, when they're least equipped to deal with it, families get hit with an avalanche of questions and a seemingly endless mountain of decisions.

Who's the decision maker? Which funeral home? Burial or cremation? Is there anyone (or anything) that needs looking after: kids, pets, houseplants, a business? Where does the money come from: for the funeral, groceries, the rent, the mortgage if the dead person's bank account is closed? What bills even need paying, and who's paying them? Who makes sure the house is safe and secure? Where does all the stuff from the nursing home go? When do you call a lawyer?

That's before you've even made it past the first few days.

Making decisions in the middle of grief, or crisis, or fear is exhausting. And every answer suddenly feels heavy and enormous, right when you want to crawl into your bed and pull the covers over your head.

An estate plan doesn't erase that. But it answers a good chunk of those early questions. Most importantly, it gives you a reason to have some other important conversations with the people you're trusting to be your decision-makers.

Every conversation you have. Every bit of important information you write down. Every chat about what you want life to look like is a gift.

It's one more answer your family don't need to try and figure out without guidance.

If you've had to make decisions after someone has died, what do you wish they'd told you while they were still alive?

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

People often tell me they don't have any intention of writing a will because they don't care what happens to them after ...
21/08/2026

People often tell me they don't have any intention of writing a will because they don't care what happens to them after they die.

But here's a funny thing I've noticed. Those same people often have a LOT of big thoughts and feelings about who they want making decisions for, and about, them if they are in an accident, become unwell, or lose capacity.
...

Estate planning isn't just making sure your family, the people you love, or those you have a legal duty to protect are taken care of when you die. It's also about looking after YOU if you're still around but not able to look after yourself.

If you want to have a say in what medical care you receive, how your money is used, what nursing home you go into, but you're unable to communicate that at the time, then you need to make those wishes clear while you still have capacity.

When I do an estate plan, completing Enduring Power of Attorney and Advance Care Directive documents are non-negotiable (even if you tell me you'll do it yourself, or you've had one sitting on your kitchen bench for the past five years).

Here's why:

👉 Completing a highly emotive legal document and thinking about what and who is making decisions if you're still alive can be extremely overwhelming and deserves advice, experience, and guidance.

👉 An Enduring Power of Attorney allows you to nominate a person/s to make legal, financial, and personal decisions on your behalf so someone of your choice is following your wishes (not someone nominated by the Courts).

👉 An Advance Care Directive is a formalised version of a healthcare plan. It enables you to outline your wishes and preferences around future medical care and end-of-life treatment.

👉 Creating these documents as part of your estate plan ensures you're in control of who's making decisions and gives you control of what those decisions are.
...

Nobody knows what's around the corner.

Read more 👉 https://bit.ly/4pKtq3W

If you want to be dead ready AND prepared for anything else life throws at you, let's chat.

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

Before you DIY a grant of probate, there's something you need to know. The Supreme Court doesn't care if it's your first...
14/08/2026

Before you DIY a grant of probate, there's something you need to know.

The Supreme Court doesn't care if it's your first time, that you're not a lawyer, or that you have absolutely no idea what you're doing.

The Supreme Court will not bend its procedural and evidentiary rules because you've made the decision to show up as a self-represented Applicant.

The Supreme Court works on evidence and formality not:
...

A grant of probate is a legal document issued by the Courts during the estate administration process. If your application doesn't meet their strict requirements, it will be rejected, requisitioned, or delayed. Every delay costs the estate money and time, puts relationships at risk and perhaps most importantly, puts you as the executor or administrator at risk of being personally liable for any mistakes.

When I help you with estate administration, my job isn't to fill in a piece of paper and submit it on your behalf (if only it were that easy).

It's making sure:

👉 Wills that are technically defective have the extra affidavit evidence to be accepted
👉 Assumptions about who's entitled to what are supported by the law
👉 Executors understand they're exposed to personal risk the moment they act
👉 What families believe the deceased's intentions were will hold weight
👉 Questions that might get asked by the Court have been anticipated in advance
👉 All avoidable problems have been avoided
👉 You are saving time, money, and risk

Estate administration is a legal process. It warrants legal advice.

By all means, DIY your plumbing, your bread making, your haircuts, or your kitchen cabinets, but let's have a chat before you cross your fingers and hope for the best when it comes to finalising a deceased estate.

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

Estate disputes are rarely about money. Except that money is the only outcome litigation can deliver.The job of lawyers ...
07/08/2026

Estate disputes are rarely about money. Except that money is the only outcome litigation can deliver.

The job of lawyers is to argue whether the provision made in someone's will was adequate under legislation and, if not, reallocate the estate funds according to the court's directions.

Estate disputes are rarely about money. They're ALWAYS about emotions.

Unfortunately, the court cannot make your brother apologise. It cannot make your father tell you he was proud of you. It cannot undo twenty years of feeling second-best, trauma or abuse. It cannot tell your step-children you mattered. It cannot acknowledge who showed up, and who didn't.

That's why, when I sit with people considering a legal dispute, I start with an honest conversation about what they're actually looking for:

💛 Recognition
"I did more than my siblings. I was the one who showed up. And it feels like none of that mattered."

💛 Repair
"I know this person thought they were doing the right thing. But it's caused a mess and I don't know how else to fix it."

💛 Retribution
"I want to be heard. I want someone, anyone, to say what happened to me wasn't okay."

Each one is a real, valid, human thing to want. I'm not here to tell anyone their feelings are wrong. Sometimes being seen and heard is enough. Sometimes realising there's a different version of "fair" that you can live with is enough. Sometimes litigation is the only answer that feels like enough.

If that's the decision you make, then I'm here to make that process as easy as possible.
...

If you're in the middle of something messy, or you're worried a dispute might be coming, let's have an honest conversation first, so you know what you're actually fighting for (and about).

☎️ (08) 8312 5970
💻 [email protected]
📅 yourestatelawyer.com.au/book-online

💛 DonateLife Week | 26 July - 2nd August 💛Let's take a minute to talk about organ donation and your opportunity to be so...
31/07/2026

💛 DonateLife Week | 26 July - 2nd August 💛

Let's take a minute to talk about organ donation and your opportunity to be someone's second chance.

At any given time, roughly 1,400 Australians are waiting for an organ or tissue transplant. Many will wait years, and some won't survive the wait.

As a death lawyer, one of the most common things I see when it comes to organ donation is people assuming their wishes will be carried out if they simply tick a box on their driver's licence or add 'organ donor' to their will.

Here are three important lawyerly things to know about organ donation:

👉 Don't rely on your will. Please register your decision with the Australian Organ Donor Register. Donation only becomes possible under a narrow set of circumstances, and by the time an executor has located a will and seen your wishes, it's usually too late to donate.

👉 Tell your executor and family directly and explicitly that you want to be an organ donor. Don't make people guess if it's what you would have wanted. Even if you have registered and written your wishes in your will, your family's decision will be taken into account (and they can say no).

👉 Record your intentions in your will and Advance Care Directive so there's no ambiguity about what you want, and then take a hot minute to talk to your family about the fact that you want that to be part of your legacy.
...

Organ, tissue and body donation can be among the most meaningful decisions a person makes. If you want it as part of your legacy, I'd love to help you create or update an estate plan so your wishes are honoured.

Read more 👉 https://bit.ly/4ccPDUl
...

I'd love to know if you're registered as an organ donor or if you or someone you know has received the ultimate gift of life 👇🏼

☎️ (08) 8312 5970
💻 [email protected]
📅 yourestatelawyer.com.au/book-online

The perfect time to write a will is right now.Not when you retire, or buy a house, or get married. Not when you finalise...
24/07/2026

The perfect time to write a will is right now.

Not when you retire, or buy a house, or get married. Not when you finalise your divorce, or have another baby, or your super reaches a certain balance.

You don't need to have all your ducks in a row to look after the people and things that are important to you.

🐥 Good estate planning is about asking and answering the question "What does life look like if I die next year?".

🐥 Good estate planning doesn't focus on a period five, or ten, or twenty years into the future when you "think" you're going to die.

🐥 Good estate planning is about protecting the people and things that are important to you if something were to happen unexpectedly, right now.

🐥 Good estate planning doesn't require you to have all the answers, or know what you want before you sit down at the table.

🐥 Good estate planning is like tackling a puzzle. We dump all the pieces onto the table and start turning them into a picture. Together.

What are you waiting for?
...

Read more 👉 https://bit.ly/ducks-in-a-row

To make an estate planning appointment or arrange a time to have a 15-minute chat about what estate planning with Your Estate Lawyer looks like, you can find us at:

☎️ (08) 8312 5970
💻 [email protected]
📅 yourestatelawyer.com.au/book-online

👏 Hey, bosses of deceased estates (aka executors) 👏 Did you know the lawyer who wrote your person's will doesn't own it?...
17/07/2026

👏 Hey, bosses of deceased estates (aka executors) 👏

Did you know the lawyer who wrote your person's will doesn't own it?

They might keep it in their safe. They might have been the will-makers trusted person. They might have been your family lawyer for 45 years. They might be privy to some intel about why the will maker made some dodgy decisions. They might be able to explain away the avoidable problems their will failed to avoid.

But it's important to know that after death, the will belongs to YOU.

And YOU get to decide which lawyer you want to help you administer and manage the estate.
...

Here's why we think it's a great idea to find your own lawyer if you're an executor (particularly if you've inherited a will that's old, outdated, ambiguous, unkind, or has the potential to cause conflict):

👉 You'll get a second opinion or alternative point of view that might provide a different approach

👉 A lawyer who only works in death law will be able to spot potential problems that may have been overlooked (or ignored) by the original lawyer.

👉 You'll work with someone who's been engaged to look after you as the executor, not protect the interests of the will-maker.

👉 You get to find someone whose style and service offerings suit you. You'll be hanging out together for a while, so it's important to work with someone you trust and get along well with.

👉 A neutral lawyer who doesn't have a history with your family is often better equipped to manage complex family dynamics and ensure all parties feel the process is fair and impartial.

Read more 👉 https://bit.ly/own-lawyer...

If you're an executor looking for kind, compassionate, efficient, fixed-fee deceased estate support, the process is as easy as giving us a call and having a chat (you don't even need to bust the will out of the other lawyer's safe before meeting with us).

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

Have you made a will using ChatGPT, thinking if you added a specific prompt to make it “legal” that will cover you? Thin...
10/07/2026

Have you made a will using ChatGPT, thinking if you added a specific prompt to make it “legal” that will cover you?

Think again.

A will is a legal document that holds legally binding information. Information that may have consequences you haven't considered or don't fully understand. Information that might look right but has lasting impacts on the people you're intending to protect (or punish).

Most people who create a DIY will, through AI, a post office will kit, or an online algorithm, do so because they want to avoid legal costs. What they don't realise is the only people who benefit from DIY wills are the lawyers who are tasked with communicating on your behalf when you've died.

The best advice you can get about a legal document is an actual lawyer. Not ChatGPT: who might sound like a lawyer and talk like a lawyer if you ask nicely enough, but actually isn't.

Read more about DIY wills 👉🏻 https://bit.ly/diy-will

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

This is your annual reminder to DO YOUR TAX RETURN. I appreciate we're all of 5 minutes into the new financial year, but...
03/07/2026

This is your annual reminder to DO YOUR TAX RETURN.

I appreciate we're all of 5 minutes into the new financial year, but it's time to take one for the team, so your executor doesn't have to.



In news that surprises an awful lot of people, tax obligations don't die with you (yes, that's why there are only two things that are certain in life: death and taxes). It doesn't matter if you're a year, or ten years behind if you have outstanding tax obligations, your assets will be sold to pay your tax debt before anything is distributed to your beneficiaries.

If you think doing your own tax return is challenging, I can assure you, doing the tax of a dead person sucks 100x more. It also leaves your executor at risk of legal disputes and challenges from beneficiaries, creditors, and tax returns.

And if you own a business, or are a sole trader and haven't done your tax because you haven't quite got around to invoicing your clients - that adds a whole additional layer of pain, not only for your executor but also your beneficiaries and can put them at significant financial risk.
...

Of course, we all think we'll die with enough of a heads-up to get our affairs in order. We usually don't, but if we roll with that for the moment, is doing five years of tax returns how you want to spend your last days, weeks, or months with the people you love? Personally, I couldn't think of anything worse.

So, please, do your tax.

And while you're at it, have a chat with your accountant about:

👉 Tax treatment of your superannuation
👉 Tax implications of any foreign assets you may own
👉 Tax obligations related to trusts and/or companies
👉 Operating a business under a structure that protects your family

Find out more about your after-death tax obligations 👉 https://bit.ly/3GpPqQI

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

Grief has a way of transforming ordinary objects into extraordinary memories. During estate planning, I spend a lot of t...
26/06/2026

Grief has a way of transforming ordinary objects into extraordinary memories.

During estate planning, I spend a lot of time talking about what people think their legacy will be: The house. The bank accounts. The shares. The car.

During estate administration, I also spend time talking about those things, but lots more time getting shown and told about the things that are the real legacy: placemats, coffee mugs, perfume, clothing, half-started crossword puzzles, a half-finished game of Scrabble, an old band t-shirt, a pair of scratched reading glasses, one last tub of pumpkin soup still in the freezer, text messages, voicemails, photos, videos....

I love show and tell.

A person's true legacy is almost always found hiding in small, seemingly unimportant places and things that are almost never part of their estate plan. I like to think of them as an after-death treasure hunt.

It's the only kind of treasure hunt grievers should be sent on.

Being strong willed means taking care of the big decisions before you die, making sure all your piles are tidy, and life will be as uncomplicated as possible for the people you love. You're not just giving them the gift of knowledge, you're also giving them the space, time, and capacity to find the hidden joys they want to build their memories around.

Let's hang out together and make a plan for all the things that are important to you so your family aren't left scrambling if you're no longer around.

☎️ (08) 8312 5970
💻 yourestatelawyer.com.au/book-online

Address

28B Mount Barker Road
Hahndorf, SA
5245

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Thursday 10am - 8pm
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