Estate Planning Lessons from Crothers v Cahill: Protecting Your De Facto Partner in Life and Beyond
The Western Australian Supreme Court decision in Crothers v Cahill [2025] WASC 478, handed down on 12 November, offers important insights for couples in de facto relationships—and for those advising them. At Hill Legal, we are seeing a growing number of modern family structures. With second marriages and de facto partnerships increasing by 10% post-COVID, […]
UK Australians Prepare for Major Changes in Inheritance Tax Laws
UK-Born Australians Face a Ticking Tax Bomb Over 1.1 million UK-born Australians are facing a significant tax challenge as the UK’s inheritance tax changes are set to take effect in April 2025. These changes could have profound implications for individuals who hold dual citizenship or have assets in both Australia and the UK. Understanding these […]
ATO Draft Determination TD 2026D1 Impact on Deceased Estates and CGT Exemption
ATO Draft Determination TD 2026/D1: Implications for Deceased Estates The Australian Taxation Office (ATO) has recently issued draft determination TD 2026/D1 on January 28, 2026, which significantly narrows the circumstances under which a deceased estate can access the Capital Gains Tax (CGT) main residence exemption. This change is particularly relevant for cases where an individual […]
Dunham Case Highlights Need for Legal Wills in NSW
Importance of Legal Wills: Insights from the Dunham Case Research conducted by NSW Trustee and Guardian in 2023 revealed a concerning statistic: 60% of NSW residents do not have a legal Will document in place. This lack of preparedness can lead to significant complications for families and loved ones left behind. The recent Victorian Supreme […]
Court Ruling Redefines Property Rights in De Facto Relationships
Legal Insights: Court Decision on Property Ownership After Death When Robin Geoffrey Tarrant passed away in July 2024, he left behind his de facto partner of over eight years, Vanda Crothers. The will he left behind granted Ms. Crothers only a limited right to reside in their jointly-owned home for ten years. Despite her significant […]
Robyn Margaret Wise Estate Case Insights on Probate and Administration
Robyn Margaret Wise Estate Case Overview Robyn Margaret Wise passed away in April 2011, leaving behind a will that appointed her son Shane and her de facto partner Stephen as co-executors of her estate. The will stipulated that Stephen would receive half the value of the family home, while Shane and his brother Craig were […]
Victorian Supreme Court Decision Re Walker Insights on Probate Law and AI Risks
Re Walker [2025] VSC 714: A Case Study in Probate Law and AI Risks The recent decision by the Victorian Supreme Court in Re Walker [2025] VSC 714 presents estate planning practitioners with a compelling narrative that intertwines two significant modern dilemmas: traditional probate challenges arising from suspicious circumstances and the emerging risks associated with […]
Estate Planning Lessons from Crothers v Cahill: Protecting Your De Facto Partner in Life and Beyond
The Western Australian Supreme Court decision in Crothers v Cahill [2025] WASC 478, handed down on 12 November last, offers invaluable insights for couples in de facto relationships and the people who advise them. As second marriages and de facto partnerships surge 10% post-COVID and 25% of Australian households include stepchildren, this case highlights critical […]
Evolution of Family Provision Laws in Australia Insights from James v Rost Case
Understanding Family Provision Laws in Australia Australia has long recognized the importance of ensuring that spouses and children receive adequate property from a deceased estate, particularly when a will does not sufficiently provide for them. Family provision laws, also known as testator’s family maintenance laws, originated in New Zealand in the late 19th century and […]
Integrating Estate Planning for Enhanced Wealth Management Success
Integrating Estate Planning into Holistic Wealth Management For many financial advisers, estate planning is often perceived as a topic best left to lawyers. However, the most successful advisory practices recognize the importance of incorporating estate planning into their holistic wealth management strategies. Clients trust their advisers not only to manage their financial assets but also […]
