Strictly speaking, a testamentary trust comprises of any trust created under the terms of a Will. However, in recent times, the term ‘testamentary trust’ is most often used to describe what is commonly known as a ‘discretionary trust’ contained within a will. These trusts are almost identical to regular family...

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The Victorian Court of Appeal has recently handed down its decision in Wareham v Marsella [2020] VSCA 92 which has highlighted the need for trustees of SMSF’s to proceed cautiously when resolving to distribute a deceased member’s SMSF benefits in the absence of a valid binding death benefit nomination. This...

If you are one of the almost 50% of Australians who have taken the time and effort to make a will then well done- you are already ahead of the pack.  But don’t get complacent just yet. A will is not a “set and forget” kind of thing. You must...

If this has happened to you then you should contact a lawyer for expert advice immediately. In some circumstances, there is legislation that can allow you to make a challenge to a Will if you have not been properly or adequately provided for in the Will. However, it is important...