Your Estate Lawyer

Your Estate Lawyer Iโ€™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.

When Penny's dad Ron died, she did exactly what he'd asked.Instead of arranging a funeral, she got online and booked a s...
30/05/2026

When Penny's dad Ron died, she did exactly what he'd asked.

Instead of arranging a funeral, she got online and booked a service-free cremation.

His body was collected from the hospital, and two weeks later, his ashes were returned to her in the post.



Ron didn't want a fuss. He didn't want money spent on a 'shiny coffin' and 'wilting flowers'. He didn't want people sitting in a stuffy room, making awkward conversation, after looking at photos of his backside (because his wife was the photo taker of the family, and he was always walking 10 steps ahead of her when they went on holidays).

His only wish was to make life easy for Penny.
...

When Penny came to see me to finalise Ron's estate, she'd had her dad's ashes in her pantry for six months, with absolutely no idea what to do with them because "no funeral" had been the entire extent of Ron's instructions.

For the first hour of our first appointment, Penny and I didn't talk about probate, or closing bank accounts, or selling Ron's house. We talked about how full of life Ron had always been: a joker, a music lover, quick with a yarn, a man with dozens of friends. We talked about how she hadn't gathered with any of her dad's friends (or hers) to share their sadness and their stories, to laugh, or play the music he loved. That there'd never been an opportunity for her to say out loud: you will be missed, you were important, you were special, you were loved. How his death hadn't been as hard as the complete silence after it. That she was pretty sure her dad wouldn't be too excited about his final resting place being tucked between a box of cask wine and a bottle of olive oil.

As we talked, Penny realised that, like so many families in a similar position, she had honoured her dad's wishes, but her own grief hadn't had a place to go.

Humans are ritual-loving creatures, and for millennia we've built rituals around death and grief. Rituals that are sometimes for the dead person, but more often than not are for the living.

When we remove those rituals, the cost and the fuss might disappear - but the grief doesn't; it simply gets carried differently. Heavier. Quieter. Longer.
...

Lately, I've started talking about funeral wishes more intentionally during estate planning meetings, not because I want to tell people what to do, but because I want to be sure when people like Ron come to me and say "I don't want a funeral" that's what they mean and not "I don't want this particular kind of funeral but I'm happy for the people who love me to do what they need to do".

I am helping people communicate what they really want their families to know, so when the time comes, they can respect those wishes AND balance their own needs as a living, grieving person.

You may not fancy a bells-and-whistles traditional funeral, but telling your family you don't want anything at all might not be as kind as you think.

Read more ๐Ÿ‘‰https://bit.ly/4wYdv6S




I'd love you to share your experiences if you've been to a funeral that hits the sweet spot between traditional bells and whistles and, well, nothing.

โ˜Ž๏ธ (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

The 2026 Federal Budget dropped last week, and with it came a wave of noise, a flood of emails, and a lot of pearl-clutc...
22/05/2026

The 2026 Federal Budget dropped last week, and with it came a wave of noise, a flood of emails, and a lot of pearl-clutching about the proposed 30% base-rate tax on income generated by assets held inside discretionary testamentary trusts.

And like that ๐Ÿซฐ it suddenly feels like nobody trusts (testamentary) trusts anymore.
...

Not me!

People come to me because they want good, honest, and reliable advice on how to look after the people they love if they're no longer around.

No amount of proposed tax reform will change my mind that discretionary testamentary trusts are an exceptional way of doing that for a substantial number of people. Here's why:

๐Ÿ”ฎ THEY GIVE THE GIFT OF CHOICE
A discretionary testamentary trust allows beneficiaries the choice of how they receive their inheritance based on their personal circumstances at the time of the will maker's death. Nobody is ruling from the grave, nobody is taking options off the table, and most certainly nobody is squinting into a crystal ball trying to figure out if 30% tax will be a blessing or a curse.

๐Ÿก THEY PROTECT YOUR LEGACY
Without a testamentary trust, an inheritance lands in a beneficiary's personal bank account and becomes part of their personal estate, leaving them unprotected from relationship breakdown, financial hardship, or periods of vulnerability. A discretionary testamentary trust means assets are owned by the trust (not an individual) and as such removes them from a personal asset pool. In plain English, that means assets stay where and with whom the will maker intended, they can be enjoyed by the beneficiary, and then passed from generation to generation.

๐Ÿฆ„ THEY PROVIDE STRUCTURE AND FLEXIBLITY (like a unicorn)
Unlike a standard will, a testamentary trust allows you to choose who gets what and when. There's no other structure available that provides a framework for ongoing income distribution to minor beneficiaries before they reach preservation age. This means their inheritance can be used to fund their life as they grow up, rather than being locked away until they reach adulthood and then dropped into their bank account.

Read more > https://bit.ly/4nFN3uy
...

Notice how none of them have anything to do with tax.

99.9% of my clients are looking for pain reduction strategies, not tax reduction strategies. In fact, someone said to me this week, "Fiona, tax is a cost of being alive".



Sure, nobody wants to pay more tax than they have to, but making decisions about your family's future and what life looks like for the people you love, based on a tax that "might" pass into legislation, and that your beneficiaries "might" have to pay, is not kind (or brave).

I'd prefer to help you gift in a way that enables people to make those decisions for themself.
...

If you want clear, honest guidance on estate planning and how a testamentary trust might help you reach your goals (without the hype, pearl clutching, or outrage). I'd love to chat.

โ˜Ž๏ธ (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

PALLIATIVE CARE WEEK | MAY 10 - 16One of the most ironic things about being alive is that it's the very best time to tal...
15/05/2026

PALLIATIVE CARE WEEK | MAY 10 - 16

One of the most ironic things about being alive is that it's the very best time to talk about death. But while we're busying getting on with living, most of us don't really want to talk about dying. The vacuum around not talking about dying (or how we want to live while we're dying) makes those conversations even harder when or if it comes time to have them.

Which is all a rather long way of saying, it's Palliative Care Week, which is a great time to encourage you to start talking to your family about the things that matter - even if nobody is planning on dying any time soon.

Here are some big questions that get to the heart of it:

๐Ÿงก What matters most to you?
๐Ÿงก What care would help you live well?
๐Ÿงก Who needs to know your wishes?
๐Ÿงก What support is available for the people around you?
...

A common misconception is that palliative care can only be accessed when someone is actively dying. In reality, it can be accessed by anyone, of any age, at any stage of their diagnosis (whether they're at home, in hospital, in a hospice, or in aged care). Some people access palliative care services for years before the end of life, and many families access it for months following the death of their person.

The services offered are wide and varied, including management of pain and other symptoms, respite care, counselling, alternative therapies, biography writing, art therapy, and physical and spiritual support. Along with assistance with the transition from home to hospital or hospice care, bereavement services, grief counselling, and funeral planning.

The core mission of palliative care is to remove the burden of care, so families and individuals can enjoy quality time. The services they provide are centred around improving quality of life, not extending it.
...

Discover more about the services and support offered by Palliative Care Australia ๐Ÿ‘‰ https://palliativecare.org.au/

Are you looking forward to a lukewarm cuppa and toast crumbs on Sunday morning? Perhaps you're frightened of just how bi...
08/05/2026

Are you looking forward to a lukewarm cuppa and toast crumbs on Sunday morning?

Perhaps you're frightened of just how big your head will be in the poster-paint and crayon portrait that comes home from kindy (if you're not worried, you should be!).

Or you're hoping the kids will pick up something more thoughtful than a box of Celebrations or bunch of wilting chrysanthemums from the servo enroute to lunch (you probably had to cook).

Maybe you're quietly preparing to crawl under your bedcovers and not come out until Monday afternoon.
...

I believe rituals are important. Recognition is important. Telling people we love them is important. But I also believe in acknowledging that days like Mother's Day are hard for many people.

Grief isn't always big, demonstrative, and obvious. Sometimes it's quiet, hidden, and lives tucked away in the corners of people's lives. That doesn't mean it's not there.

Weekends like this, where the rest of the world is off busy with living, can bring up all kinds of big feelings and make grief feel very heavy.

If you're a mum whose child has died. A child whose mum has died. A child with a tricky mum. A mum with a tricky child. Caring for your mum (or your child) through illness. A person who wanted to be a mum never got to be one.

I see you.
...

I recently asked some of my people how they quietly honour their grief when they feel like they're holding it alone. You can find 10 of their answers here ๐Ÿ‘‰ https://bit.ly/4nfxo4V

โ˜Ž๏ธ (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

I'm not a finance professional (money, investing and having the next-best clue about financial markets is most certainly...
01/05/2026

I'm not a finance professional (money, investing and having the next-best clue about financial markets is most certainly not my jam) BUT...

As a death lawyer, I'm seeing the economy impact families in ways that go beyond cost-of-living pressures, fuel at $3.20/L, or a chocolate bar setting you back $8.

These past few months, I've watched several families trying to make good on decisions made by their will-maker during completely different economic times.

Decisions that in 1997 or 2007, or even in 2017, seemed fair, equitable, and made sense.

Decisions that sit completely differently in 2026.
....

Writing a will isn't a set-and-forget exercise.

Your estate plan should always reflect your life and the value of your assets - including times your super nose-dives, your shares bounce around like a tennis ball, your property value skyrockets, or the stash of gold bullion you have in Milo tins in your back yard or your secret crypto purchases flip-flop around like a fish.
...

If it's been a while since you updated your will, here are some signs the economy may impact your estate in ways you may not have accounted for:

๐Ÿ‘‰ A property you own has significantly increased in value
๐Ÿ‘‰ You've acquired or disposed of a major asset
๐Ÿ‘‰ Your investment portfolio has changed significantly
๐Ÿ‘‰ Your financial circumstances have changed
๐Ÿ‘‰ Your beneficiaries' financial circumstances have changed
๐Ÿ‘‰ You've included fixed sum gifts in your will
๐Ÿ‘‰ You've gifted one beneficiary property and others cash assets or investments
๐Ÿ‘‰ Your gift is intended for a specific outcome that has increased in cost (ie provide education, housing etc)

Read more ๐Ÿ‘‰ https://bit.ly/4ujjPnk

Ensure the gap between what you want to happen and what will actually happen doesn't widen and turn into a problem for your beneficiaries.



Book a time to meet me for a $6 coffee and a round of 'what does it look like if you die next year'.

โ˜Ž๏ธ 08 | 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

A few years ago, let's call him Peter (even though that's not his name), received a call from his Aunt. She'd met with a...
24/04/2026

A few years ago, let's call him Peter (even though that's not his name), received a call from his Aunt. She'd met with a lawyer a few months prior and had nominated him as the executor in her will. She thought she should let him know because she was going in for some surgery and, well, probably best he knew where her documents were in case things didn't go to plan.

Things went to plan. That time.

But a few years later, Auntie Doris died and Peter got the tap on the shoulder, handed an executor bib, and found himself on the deceased estate playing field.
...

Not entirely sure of the rules of the game, Peter called me with some questions.

His questions were so good, I decided to make them into a thing over on my website.

๐Ÿ‘‰ https://bit.ly/4mLJItt

If you've been named in someone's will (and they've actually had the common sense and common decency to let you know), or have suddenly found yourself on the playing field wearing an Executor jersey - this one's for you.

Inside, you'll find answers to questions such as:

๐Ÿค” What does an executor actually DO?
๐Ÿค” Do I have to say yes?
๐Ÿค” Do I have to use the dead person's lawyer?
๐Ÿค” Is there anything I have to do immediately or can I just hit cruise control?
๐Ÿค” Someone told me I need a Grant of Probate. What the heck is that?
๐Ÿค” How do I figure out how much money is in the estate?
๐Ÿค” What are my legal obligations as an executor?
๐Ÿค” Can I get paid for doing this because it seems like a lot of work?
๐Ÿค” What happens if someone contests the will or makes a claim?

Being an executor is an enormous honour, but it can also be emotionally complex, legally nuanced, and almost always more time-consuming than anyone anticipates.

Whether you want someone to take the whole thing off your plate, or you just want someone to answer your questions and check in with you, that's what I'm here for.

โ˜Ž๏ธ 08 | 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

CLOSURE/หˆklษ™สŠส’ษ™/The act of closing, the state of being closed or the bringing of something to an end, such as a business...
17/04/2026

CLOSURE
/หˆklษ™สŠส’ษ™/

The act of closing, the state of being closed or the bringing of something to an end, such as a business, road, or emotional experience.
...

At the risk of sounding like an embroidered cushion or framed print at a mid-priced Airbnb, I believe closure is a journey, not a destination.

No matter how much you want it to, grief doesn't pack up its bat and ball and go home when your last asset is sold, your final beneficiary is paid, or your legal file is marked closed and put in a box in a locked storage room.

For most people, grief remains long after a lawyer has delivered the "closure" they promised you.
...

For me, estate administration, estate management, and executor support don't rely on promises of closure; it means promising you I'll...

โค๏ธ Guide you to make difficult, emotional, and/or legally binding decisions
โค๏ธ Help you navigate common after-death milestones
โค๏ธ Give you space when you need it
โค๏ธ Push you forward when you don't have the energy
โค๏ธ Encourage as many questions as you need to feel safe
โค๏ธ Never count or time your phone calls or emails (or our responses)
โค๏ธ Keep you updated on every step
โค๏ธ Find the balance of how much you want and can do
โค๏ธ Talk you through the process so there's no surprises
โค๏ธ Never ask you to be less (sad, angry, confused)
โค๏ธ Reduce the load so you have it in the tank to help others

Above all, I'll help you reach the end of the practical chapter with as much care and clarity as possible โ€” so that whatever comes next, emotionally, has a little more room to breathe.

Closure, in the truest sense, isn't something I can hand you. But I can walk with you toward it.

I might even gift you an embroidered cushion at the end.



To make a time to chat about how I can help you find human-centred, heart-led legal closure, you can find me at

โ˜Ž๏ธ (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/estate-administration

There's this weird phenomenon in Western culture where death seems to retroactively make people good. Personally, Iโ€™ve n...
10/04/2026

There's this weird phenomenon in Western culture where death seems to retroactively make people good.

Personally, Iโ€™ve never really understood (or liked) it. And Iโ€™ve certainly never felt any compulsion to join the crowd in assuming all dead people should be referred to as "loved ones".

The uncomfortable truth is: for every kind, generous and genuinely loved dead person, there's an equal number of, well, arseholes.

Difficult, neglectful, selfish, nasty, abusive, unkind, and people who were difficult to love also die.

And no matter how much we may wish it, death doesn't instantly redeem them.

In my experience, the grief that follows a complicated relationship is often more disorienting, not less. People feel less relief, not more. Thereโ€™s more emotional disruption, not less.

When difficult people die, the people left behind are often expected to stay quiet, pretend, hide, or grieve as if it were a love story. I'm exhausted just thinking about it.
...

I'm honoured when people come to me to help administer the estate of someone they've had a challenging relationship with. Not because they're easy, but because they're not.

Our human-centred approach has been built for these exact people - the ones hiding in the shadows.

When we work together, you get the space to feel whatever you feel. You can call the dead person whatever name you want (Iโ€™ll happily adopt whatever swear word you ordain suitable!). We'll help you navigate what life looks like for YOU.

We shift the focus from the decisions and the documents the dead person lived with, and instead figure out what you need to repair and move forward.

If your grief is complicated, you deserve people who understand it, not try to brush it under the rug or wrap it up in a neat bow for their own comfort.

That's us.

โ˜Ž๏ธ (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

Firsts sometimes hit harder than lasts. First call to tell people about a death. Hard.First Monday morning, or Sunday af...
02/04/2026

Firsts sometimes hit harder than lasts.

First call to tell people about a death. Hard.

First Monday morning, or Sunday afternoon (or any day in between). Hard.

First missed family dinner, or wedding, or birthday party. Hard, hard, hard.

First Christmas lunch, or Easter egg hunt, without them. Hard.
...

When we work with people after a loved one has died, we can't carry all the hard things but we do share the load, so you have the space and time to grieve the lasts and navigate the firsts.

If you've experienced the death of a loved one, what was the hardest first for you? ๐Ÿ‘‡๐Ÿผ

โ˜Ž (08) 8312 5970
๐Ÿ’ป yourestatelawyer.com.au/book-online

I've been to several living wakes in the past few months.And every single one has wrecked me, in the most beautiful way ...
27/03/2026

I've been to several living wakes in the past few months.

And every single one has wrecked me, in the most beautiful way possible.

If you've never heard of a living wake, it's exactly what's written on the tin. The guest of honour is still alive. Still in the room. Still able to hear every word.

"You changed my life."
"I love you more than you'll ever know."
"I wouldn't be who I am without you."
"I never told you this but..."

The only reason everyone is there, saying those things, is because they know time is running out.

Which makes me want to ask the uncomfortable question:

Why do we wait?

Why does someone have to be in the middle of dying before we can let our guard down and tell them what they meant to us?

Why is it so hard to tell people how important they are while they're in the middle of living?

I don't have the answers, but I often wonder why we save our best words for funerals. Why we write beautiful eulogies for people who can't hear them. Why we don't say things at parties that we say at funerals.

It feels like the greatest human contradiction.

We know life is short.

Don't leave things unspoken.

Click below for some conversation starters ๐Ÿ‘‡๐Ÿผ

https://bit.ly/death-chat

Address

28B Mount Barker Road
Hahndorf, SA
5245

Opening Hours

Monday 10am - 8pm
Tuesday 10am - 8pm
Wednesday 10am - 8pm
Thursday 10am - 8pm
Friday 10am - 8pm
Saturday 10am - 8pm

Telephone

+61883125970

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