iWills Legal

16/10/2026

Can you leave a family member out of your Will and expect your wishes to stand?
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In Victoria, making a Will that excludes someone does not necessarily prevent them from challenging how your estate is distributed. Certain eligible people may be able to bring a family provision claim if they believe they have not received adequate provision from your estate.

These disputes can involve complex questions about family relationships, financial circumstances, competing needs and the deceased’s obligations. Understanding the potential risks before finalising your Will can help you make informed decisions about your estate plan.

If you have concerns about a potential Will dispute or want advice tailored to your circumstances, contact our friendly team at iWills Legal: https://iwillslegal.com.au/contact-us/

14/10/2026

Your Will may not determine who receives your superannuation.
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Many Australians assume their superannuation balance will automatically be distributed according to their Will, but superannuation death benefits are generally dealt with under separate rules.

The outcome can depend on your fund’s requirements, the validity of any beneficiary nomination and who is eligible to receive the benefit. If your nomination is outdated, invalid or inconsistent with your broader estate planning intentions, it may create uncertainty for your loved ones.

Reviewing your superannuation arrangements alongside your Will can help ensure the different parts of your estate plan work together. Contact our team via the link in our bio iWills Legal📝 to discuss your superannuation and estate planning arrangements.
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12/10/2026

What happens to your digital life when you’re no longer here?
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From family photos stored in the cloud to cryptocurrency, online businesses and social media accounts, our digital lives can hold both financial value and irreplaceable memories. Yet these assets are often overlooked when planning an estate.

Without clear instructions, your executor may face practical challenges accessing accounts, identifying assets or understanding how you wanted them managed.

A thoughtful estate plan can help address your digital legacy alongside your other assets.

Need assistance? Get in touch with our team of experts at iWills Legal today to discuss how your estate planning can account for your digital assets: https://iwillslegal.com.au/contact

09/10/2026

When was the last time you reviewed your Will?
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Creating a Will is an important step, but it shouldn’t necessarily be a “set and forget” document. Changes in your family, relationships, assets, business interests or personal circumstances can all be reasons to revisit your estate planning.

Even if nothing major has changed, it can be worthwhile making sure your Will still reflects your current wishes and circumstances.

Taking the time to review your estate planning now can provide greater peace of mind for you and your family.

If you’re unsure whether your Will is still appropriate, get in touch with our friendly team at iWills Legal to discuss your circumstances.

07/10/2026

Your Will is about more than who gets what
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Estate planning isn’t simply about deciding who receives your assets.

A well-considered Will can also help provide clarity around your wishes and make things easier for your loved ones at an already difficult time.

It’s important to consider the bigger picture, particularly where you have children, complex family circumstances, significant assets or other considerations that may need careful planning.

Getting appropriate legal advice can help ensure your estate planning reflects what matters most to you.

Want to learn more? Contact our team of experts via the link in our bio iWills Legal📝 to discuss your estate planning needs.
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05/10/2026

On the blog: Homemade Wills
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A homemade Will might seem like a simple way to take care of things yourself, but it can create risks that aren’t always obvious at the time.

From unclear wording to accidentally overlooking important legal requirements, a Will that isn’t properly prepared can lead to uncertainty and complications for your loved ones later on.

Your Will is one area where getting it right matters.

Teresa has explored some of the key risks of homemade Wills and why professional advice can help provide greater certainty. Read the full blog via our website here:

A recent case highlights the importance of a good estate plan and how leaving a Will to the last minute can lead to costly and lengthy litigation.

02/10/2026

What happens when someone says they were promised an inheritance?
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A recent ABC News report examined a Victorian Supreme Court dispute involving an alleged promise about a family farm following the death of a parent.

The case involved an alleged promise, reliance on that promise and a claim based on proprietary estoppel - showing how complicated estate disputes can become when family expectations and property are involved.

The court found the daughter had established a prima facie case for proprietary estoppel, while the broader claim remains to be determined.

Read more about the case via the attached article below. Get in touch with our friendly team if you wish to discuss your own circumstances: https://iwillslegal.com.au/contact-us/

The daughter of a mining executive who was killed in a plane crash 20 years ago, leaving behind a more-than-$30 million fortune, is taking her mother to the Supreme Court for part of an estate she says she was promised.

29/09/2026

Inheritance disputes are becoming an increasingly important consideration for Australian families.
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An ABC News report has examined expectations around the transfer of an estimated $5.4 trillion in wealth over the next 25 years, as well as concerns about the potential for more disputes over estates.

The article also highlighted the importance of families having conversations about inheritance and estate planning before disagreements arise. For families, a clear and carefully considered estate plan can help reduce uncertainty about what happens to assets in the future. Every family and estate is different, which is why understanding your legal position is important.
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Contact our team of experts at iWills Legal today to discuss your circumstances.

25/09/2026

Did you know that a Testamentary Trust can offer more than just asset protection?
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When properly structured, a Testamentary Trust can provide flexibility around how an inheritance is managed and distributed to beneficiaries after your death. It can also have important tax and asset protection considerations, particularly where beneficiaries are vulnerable, have significant assets of their own, or are in relationships that may later break down.

However, the effectiveness of the structure depends heavily on how the Will and Testamentary Trust provisions are drafted.

Speak with our friendly team to learn more about Testamentary Trusts and whether one could form part of your estate plan: https://iwillslegal.com.au/contact-us/

21/09/2026

A recent decision has important implications for people who hold family wealth through discretionary trusts.
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Caldwell & Caldwell, the Full Court considered whether assets held through a discretionary trust could be treated as property in a relationship breakdown. The decision highlights the importance of who ultimately controls the trust, including the power to appoint or remove trustees.

With the High Court refusing special leave to appeal, the decision now stands. If you have a discretionary trust, it may be worth reviewing its structure and control.

Learn more about what the decision could mean for your trust via our blog:

Caldwell & Caldwell confirms discretionary trusts do not guarantee asset protection in property settlements. Trust structure is critical.