Murnane Legal Wills and Estates

12/08/2026

There is misconception that there is a single time limit to challenge a Will in Australia.

There isn't. It’s a dog's breakfast!

Each State and Territory has its own legislation and its own deadlines for making a family provision claim against an estate.

Here's a quick guide:

📍Victoria. 6 months from the date probate or letters of administration are granted.

📍New South Wales. 12 months from the date of death.

📍Queensland. Proceedings must generally be commenced within 9 months of death, with notice usually required within 6 months.

📍South Australia. 6 months from the date probate or letters of administration are granted.

📍Western Australia. 6 months from the date probate is granted.

📍Tasmania. 3 months from the date probate or letters of administration are granted.

📍Australian Capital Territory. 6 months from the date probate or letters of administration are granted.

📍Northern Territory. 12 months from the date probate or letters of administration are granted.

While courts in some circumstances can allow claims to proceed out of time, applicants should never assume an extension will be granted. These types of applications are like juggling knives with one hand.

For executors, beneficiaries and potential claimants alike, understanding the relevant limitation period is critical. Obtaining legal advice early can make all the difference.

28/07/2026

5 things NOT to tell your lawyer when making your Will (if you want to guarantee a messy fight over your estate...)

❌ "I've already given one child a lot of money... but let's not mention that."
❌ "My family all get along."
❌ "I'm cutting my child out. They know why."
❌ "I own everything personally." (...except the trust, company, SMSF and jointly owned assets.)
❌ "My overseas assets won't matter."

The reality?

The biggest estate disputes often don't arise because of what is in the Will, they arise because of what your lawyer was never told.

Good estate planning isn't just about drafting documents.

It's about understanding the family dynamics, the asset structure, prior gifts, overseas interests and the reasons behind key decisions.

The more complete the instructions, the better the advice and the better the chances of avoiding expensive litigation after you're gone.

27/07/2026

If you don't have an estate plan, someone else could be making the decisions.

Link to blog in comments

22/06/2026

Can you leave a gift to charity in your Will? What wording should be used? Can family members challenge it?

I recently had the pleasure of discussing some of the most common questions about charitable gifts in Wills. While this video was created with Plan International Australia, the guidance applies broadly to anyone thinking about leaving a lasting legacy with a gift to charity.

Whether it's a charity focused on children, health, education, medical research, the environment, animal welfare or your local community, a carefully planned gift can help continue the work you care about for generations to come.

As always, it's important to obtain legal advice to ensure your wishes are properly reflected in your Will.

08/06/2026

A terrific few days in sunny Brisbane for the STEP Australia National Trust & Estates Conference 2026.

It was a valuable opportunity to connect with industry peers and gain insights into the latest developments and best practices, helping us continue to provide informed, up-to-date advice for our clients.

28/05/2026

Estate planning is about far more than just writing a Will. In this conversation with Peter Leggett on Generations, we explore how proper planning can help protect your intentions, reduce family conflict, and create clarity for future generations.

We discuss some of the most common issues families face - from succession planning and superannuation to trusts, undocumented loans, and intergenerational wealth transfer - and why leaving these conversations too late can lead to unnecessary disputes and unintended outcomes.

One of the key messages from the episode is simple: start the conversation early and get the right advice before problems arise.

If you want to better understand how to protect your family, your assets, and your legacy, we encourage you to watch the episode.

Peter Leggett and Mark Murnane discuss estate planning, wills, trusts, superannuation and family succession to help families protect wealth and reduce conflict.

15/05/2026

Take this as a sign to get your Will done before you head off on holiday ✈️

11/05/2026

“Estate planning isn’t just about writing a Will, it’s about protecting your intentions, your family, and your legacy.”

In this episode of Generations, Mark Murnane joins Peter Leggett from Arrow Private Wealth to unpack why families need to start these conversations earlier - before conflict, confusion, or costly mistakes arise.

From testamentary trusts and superannuation to business succession and undocumented family loans, this conversation is packed with practical insights every family should hear.

The message is simple: don’t leave it too late.

07/05/2026

Knowing the legal requirements for a formal Will is crucial because it ensures your assets are distributed according to your wishes, prevents your estate from being deemed invalid, and reduces the risk of expensive, stressful legal disputes for your family.

https://www.murnanelegal.com.au/blog/what-are-legal-requirements-for-formal-will

11/04/2026

Great to be invited onto ABC Radio to discuss capital gains tax and inherited property; an issue that often catches families off guard.

I spoke with ‘Nightlife’ host, Christine Layton, and received a variety of questions from listeners across Australia

When a loved one passes, dealing with their home isn’t just emotional, it can have significant legal and financial implications, especially if there’s no Will in place.

I’ve written a short blog explaining what happens to your home if you die without a Will, and how to avoid unnecessary complications for your family.

🔗 Read more here: https://www.murnanelegal.com.au/blog/what-happens-if-i-die-without-a-will

If you’re unsure about your situation or want to plan ahead, it’s always worth getting the right advice early.