Where there's a Will there's a Way

In this wrap-up episode of Where There’s a Will, There’s a Way, Stefan is joined again by Kirsty Brealey, Principal and Head of Wills and Estates at Coulter Legal, to talk through recent trends and changes in the wills and estates space. Kirsty shares why more people are investigating estate claims, why more disputes are now settling early before court proceedings even begin, and how blended families are driving an increase in claims from stepchildren. They also look at what this year’s federal budget changes mean for testamentary trusts, why asset protection remains their key benefit, and the current delays at the Probate Office.

On the team side, they introduce a new lawyer joining the Wills and Estates team, the opening of a new Mornington office, a new partnership with a legal funder that helps executors, beneficiaries and claimants access funds earlier, and the team’s recognition in the Doyle’s Guide for the second year running.

What happens when someone dies after approving their will but before signing it? In this episode of Where There’s a Will, There’s a Way, Kirsty Brealey, Principal and Head of Wills and Estates at Coulter Legal, walks through a recent court decision she worked on firsthand. A woman separated from her husband gave clear instructions to leave her estate to her four nieces, approved the draft will over the phone, and passed away before she could sign it. Her estranged husband, still legally married to her, applied to take the estate under intestacy. With three court applications heard together and only weeks to prepare for trial, the court upheld the unsigned document as her will.

Kirsty and Stefan unpack how detailed solicitor file notes became the deciding evidence, why separation without divorce is such a risky grey area, and why updating your will during separation matters more than most people realise.

Host Stefan is joined by Peter Azam, Senior Associate in Coulter Legal's Corporate & Commercial team to cut through the media noise on the budget's proposed tax reforms.

They cover the removal of the 50% CGT discount and the shift to cost base indexation, the loss of the pre-1985 CGT exemption from 1 July 2027, the proposed 30% minimum tax on capital gains, and what the changes could mean for discretionary and testamentary trusts. Peter also shares practical steps to take now, from checking tax residency and structures to getting valuations and asset records in order.

These reforms are not yet law, and tax is only one part of good succession planning. This episode is general information only and not legal, tax or financial advice.

Your Super is not automatically captured by your Will, and how it is paid out on death can make a big difference to what your beneficiaries actually receive. Stefan Manche is joined by Tax Law Senior Associate, Peter Azam, to unpack the three points at which super can be taxed, why adult children often wear a tax bill, binding versus non-binding nominations, self-managed fund complications and reversionary pensions. General information only, not legal or financial advice.

Superannuation is often a sleeper asset, yet for many Australians it’s one of the largest components of their wealth. In this episode, Stefan and Lauren unpack what actually happens to your super when you pass away, who can legally receive it, how binding nominations work, common traps, tax consequences, and why coordinating your super with your estate plan is essential.

In this episode of Where There’s a Will, There’s a Way, Stefan and senior associate Lauren Solomonson unpack the often-overlooked world of guardianship and administration orders in Victoria. They explain how VCAT steps in when someone loses capacity without powers of attorney, the difference between guardians and administrators, real-life examples, and why proactive planning is essential.

In this essential episode, we discuss what legal capacity means for making wills and powers of attorney, why it's increasingly critical with an ageing population, and how to manage situations where cognitive decline is involved. Learn about common warning signs, proactive measures, and what happens if capacity is in doubt.

In this insightful episode, we explore family provision claims, eligibility criteria, and what courts consider when disputes arise over estates. Join us as we unpack real-life cases, highlighting unusual scenarios and practical considerations that can significantly impact inheritance outcomes.

When financial trouble hits, personal and corporate insolvency can put your wealth and legacy at risk. In this episode, host Stefan Manche is joined by Senior Associate Charlie Clark to unpack how insolvency affects individuals, company directors, and estates. From director duties and personal guarantees to strategies like testamentary trusts and asset restructuring, learn how to safeguard your assets from creditors, liquidators, and future disputes.

Many parents help their adult children buy a home, but is it a gift or a loan? In this episode, we dive into the legal and financial risks of the "Bank of Mum and Dad" with Senior Associate Rachelle Eytan. Learn why formalising agreements is crucial, how to protect your assets from divorce and estate disputes, and what to consider before lending money to family. Don't make costly mistakes—plan wisely!