The Wills and Estates Transmission

In this episode of the Wills and Estates Podcast , Tony speaks with Emma from de Groots about the risks of informal wills and why handwritten notes, text messages or other documents can create serious complications for an estate. Emma explains the formal requirements for a valid will and what can happen when those requirements are not followed. In some circumstances, a Court may recognise an informal document as a will, but that can create additional uncertainty, cost and delay. The discussion also covers what can happen when someone writes changes directly onto an existing will and whether those handwritten amendments could be treated as an informal codicil. What is an informal will? What are the formal requirements for making a valid will? Can a handwritten note be treated as a will? Can a text message or video recording contain testamentary wishes? What happens if you write changes directly onto an existing will? What is an informal codicil? Why executors may need to bring informal documents to the Court’s attention The additional cost and delay informal wills can create Why properly updating a will is safer than relying on informal changes An informal document may sometimes be recognised as a will, but relying on that process can create uncertainty and additional legal expense. If you want to make or change a will, the safer approach is to obtain proper legal advice and ensure the document is prepared and executed correctly. In This EpisodeKey Takeaway

In this episode of the Wills and Estates Transmission Podcast , Tony speaks with Julia Tutt from de Groots about what can happen when family assumptions, verbal promises and estate planning do not match. The discussion centres on Tarazi v Paras [2026] NSWSC 369 , a New South Wales Supreme Court case involving three daughters and a property in Ashbury. Two of the daughters claimed their father had verbally promised the property to them. However, his will divided the property between all three daughters. Julia explains why a family understanding or a single conversation may not be enough to establish a legal entitlement to property. She also discusses proprietary estoppel, the importance of documenting significant arrangements and the responsibilities of executors. The case also provides a warning for executors who delay administering an estate. Ignoring an estate or waiting for time to pass does not remove the obligation to deal with it properly. Can a verbal promise determine who receives a property? What is proprietary estoppel? Why family “lore” can lead to disputes Why important arrangements should be documented What happens when executors fail to administer an estate Whether the eldest child has greater inheritance rights How an executor should be chosen Why families need to have difficult estate planning conversations Do not rely on assumptions, informal conversations or family stories about who will inherit a property. Have the conversation, obtain proper advice and make sure the intended arrangement is clearly documented. Tarazi v Paras [2026] NSWSC 369 This podcast provides general information only and does not constitute legal advice. Legal advice should be obtained for individual circumstances. In This EpisodeKey TakeawayCase DiscussedDisclaimer

In this episode of De Groots with DeGroots , Tony Skinner speaks with Elizabeth Lorimer about estrangement in family provision applications. Elizabeth explains that estrangement is a factor the court may consider, but it is not an automatic barrier to a claim. The discussion covers how courts assess need, the difference between estrangement and disentitling conduct, why family provision cases are highly fact-specific, and why simply leaving someone out of a will does not guarantee they cannot make a claim. The episode also looks at practical considerations for will makers, including the importance of documenting reasons for unequal provision and understanding how courts may treat long-term family breakdowns. Estrangement can be relevant in a family provision application, but it is only one factor among many. The court will still consider the size of the estate, the applicant’s need, competing claims, and the relationship between the applicant and the deceased. Elizabeth notes that many family provision applications settle at mediation, particularly in Queensland where mediation is mandatory. Even so, lawyers still need to prepare the case as if it may ultimately be heard by the court. A central issue in family provision law is whether the applicant has been adequately provided for. The applicant’s financial need is often the critical factor. Without need, the court may not have power to make further provision. Elizabeth explains that estrangement may involve a long breakdown in the relationship, lack of contact, distance, or family conflict. Disentitling conduct is much more serious and may involve violence, serious theft, abuse, or other gross behaviour. Elizabeth is clear that there is no foolproof way to exclude a child from making a family provision claim. A child’s eligibility remains, even where there has been long-term estrangement. Leaving a reason in the will or a separate document may help provide context, but it is not a guarantee

In this episode of the Wills & Estates Transmission Podcast with de Groots , Tony Skinner speaks with Maree Harris about elder abuse and the important role solicitors can play in identifying warning signs, protecting vulnerable clients, and ensuring estate planning instructions are genuinely coming from the client. Elder abuse is a growing concern, especially as Australia’s population ages and more families deal with estate planning, powers of attorney, capacity and intergenerational wealth. Maree explains what elder abuse is, the different forms it can take, and why psychological, emotional and financial abuse are often the most common. She also discusses the importance of meeting elderly clients privately, taking instructions directly from the client, assessing capacity properly, and knowing when warning signs may require further action. If you suspect elder abuse, you can contact the NSW Ageing and Disability Abuse Helpline on 1800 628 221 . What elder abuse means under the World Health Organization definition The importance of a relationship of trust Common forms of elder abuse, including emotional, psychological, financial, physical, sexual abuse and neglect Warning signs solicitors should look for when advising elderly clients Why solicitors should meet elderly clients alone when taking instructions How financial abuse can occur through bank accounts or powers of attorney The importance of checking whether an attorney has authority to make gifts or transfer funds Capacity assessments and why capacity depends on the decision being made The risks of family members giving instructions on behalf of an older person Why elderly people may be reluctant to speak up The role of education around wills, powers of attorney and enduring guardianship What to do if elder abuse is suspected The NSW Ageing and Disability Abuse Helpline NSW Ageing and Disability Abuse Helpline 1800 628 221

In this episode, Julia Tutt discusses the legal and emotional aspects of funerals, burial rights, and organ donation, emphasising the importance of communication and planning for end-of-life arrangements. Key topics Role of executor in funeral arrangements Legal distinction between wishes and binding directives Importance of discussing end-of-life wishes with family Organ donation procedures and legal considerations Case study on funeral disputes and court intervention

In this podcast episode, Tony interviews Margot De Groot about the role and importance of notaries public. Margot explains what a notary public is, the differences between notaries and justices of the peace, and common misconceptions surrounding notarial services. She emphasises the trust and fiduciary role of notaries in verifying documents for international use, particularly in estate matters and legal documentation. The conversation also addresses common questions people have about notaries and provides key takeaways for listeners.takeaways A notary public is a solicitor with a minimum of 10 years of practice. Notaries verify documents for international use, ensuring trust. Common reasons for needing a notary include estate matters and academic records. Notaries differ from justices of the peace in their legal authority. Notaries can perform a variety of roles, including international shipping documentation. Personal attendance is required for notarization to verify identity. Notaries hold a historical role dating back to the 12th century. Public awareness of notaries is limited compared to justices of the peace. Each state has a society of notaries with comprehensive resources. Understanding the distinction between notaries and JPs is crucial.

In this episode, Tony and Isabel Ayoub discuss the critical relationship between marriage and wills, particularly in New South Wales. They explore how marriage can revoke existing wills unless specific clauses are included, the legal criteria for marriage, and the importance of updating estate planning documents. The conversation emphasises the need for individuals to consult with estate planning lawyers to ensure their wishes are honored and to avoid complications that may arise from not updating their wills after significant life events such as marriage or divorce. Marriage revokes your will unless made in contemplation of marriage. Estate planning is crucial during major life events like marriage. Many people neglect to update their wills after marriage. Legal criteria for marriage include consent and not being closely related. Wills can remain valid if they include specific clauses. It's important to understand the implications of marriage on your estate. Consulting an estate planning lawyer is essential for proper guidance. Estate planning documents should be regularly reviewed and updated. Divorce and annulment have separate legal considerations in estate planning. Your estate includes more than just property; it encompasses all assets.

This is a lighhearted conversation about a serious topic. We are not aiming to offend. The conversation delves into the Troja case, where a woman was found guilty of manslaughter for killing her husband. The discussion highlights the implications of the forfeiture rule, which prevented her from inheriting anything from her husband's will, redirecting the inheritance to her mother-in-law instead.

In this episode of the Wills and Transmissions podcast, hostTony speaks with junior lawyer Isabel Ayoub about the critical issue of mental health in the legal profession. They discuss the unique pressures faced by junior lawyers, the importance of support systems, and the need for a positive approach to well-being. Isabel shares insights from her experiences and a recent conference on lawyer well-being, emphasising the need for open conversations about mental health and practical strategies for maintaining it in a high-stress environment.

In this episode of the Wills and Estate Transmission podcast, Julia Tutt discusses the importance of understanding and properly executing an enduring power of attorney (EPOA) to manage financial affairs during one's lifetime. Julia emphasises that EPOAs are crucial for estate planning, especially with the generational wealth transfer underway in Australia. She advises appointing trustworthy attorneys, preferably more than one to prevent financial elder abuse, and highlights the significance of legal advice to avoid confusion and misuse of the document. Julia also stresses the importance of open communication within families and staying updated with technological advancements to maintain financial independence and reduce vulnerability.

Continuing the series, in this episode, Tony speaks again with John de Groot, Partner at de Groots, about one of the most important—and often misunderstood—topics in estate planning: capacity . Capacity issues are increasingly common as our population ages, and they play a critical role in determining whether wills, enduring powers of attorney, and other estate planning documents are valid. John explains the legal definition of capacity, the “red flags”solicitors need to look out for, and the fine balance between respecting a client’s autonomy and protecting against undue influence or incapacity.

In this episode, we are joined by John de Groot, Partner and Co-Founder at de Groots Wills & Estate Lawyers, to explore the growing impact of artificial intelligence on thelegal profession and estate planning. Key TopicsCovered: AI in LegalPractice – Why relying on AI for court submissions has already caused serious issues, including hallucinated cases and quotes. Court Responses How the NSW Chief Justice now requires affidavits and witness statements to confirm AI was not used. Practical Uses ofAI – Positive examples of AI in law, from drafting managing director role descriptions to generating detailed executor checklists and even funeral arrangements. The Human FactorWhy empathy, sympathy, and the trusted adviser role remain irreplaceable despite AI advancements. Fraud & Identity Theft The rising risks in estate administration, including email scams and beneficiary impersonation, plus practical steps lawyers use to safeguard client funds. Digital Assets & Cryptocurrency Real-world examples of lost digital wealth and why planning for crypto access is now essential in wills. Technology & the Courts How COVID-era changes, such as remote witnessing and electronic filing, continue to shape the legal process.

Tony Skinner and Kate Varcoe discuss the complexities of making bequests, particularly to institutions like the Gallery of Modern Art (GOMA). Kate, a lawyer and future collective member of QAGOMA,explains the different types of bequests, including pecuniary legacies, specific assets, and residue. She emphasises the importance of clear communication with bequest officers to ensure funds are used effectively and correctly. Kate also highlights common issues, such as incorrect beneficiaries or unsuitable assets, and advises on the need for careful consideration and specialist legal advice to avoid administrative and tax complications.

In this podcast episode, Tony and Maree Harris discuss theintricacies of contesting a will in New South Wales. They explore the differences between contesting andchallenging a will, the role of the Supreme Court, the steps involved in contesting a will, the evidence required for a claim, and the importance of seeking legal advice early in the process. The conversation emphasises the high likelihood of settlingdisputes through mediation and the significance of understanding one's rights and entitlements in estate matters.

Dannielle continues the discussion on the importance of and the legally binding effect of Advanced Health Directives (AHDs), their role in guiding healthcare decisions, family disputes and the conditions under which they take effect. An AHD must be witnessed by a justice of the peace or similar to be valid. It can include refusals of life-sustaining treatments under specific conditions, such as terminal illness or persistent vegetative state. The AHD should be stored securely and shared with trusted individuals and healthcare providers. Legal advice is recommended for those unsure about the irdirectives. Disputes among family members can arise, but the AHD's decisions must be followed unless contrary to good medical practice.

Dannielle from de Groots Wills and Estates Lawyers explains the importance of Advance Health Directives (AHDs) in Australia, which allow individuals to specify their future healthcare wishes and appoint attorneys. There are two types: common law and statutory directives,with legal recognition varying by state. In Queensland for example, only statutory directives are legally binding. AHDs differ from Enduring Powers of Attorney, which cover financial matters. They also specify consent or refusal of treatments,including DNR orders and organ donation. If no AHD is in place, healthcare decisions are made by a statutory health attorney, prioritising the spouse, carer, or close friend. Dannielle defines an AHD as a document that allows individuals to express their future healthcare wishes and appoint attorneys to make decisions on their behalf. Join us on part 2 where we continue this important discussion.

Danni and Jessica emphasises the critical importance of properly documenting financial arrangements, such as gifts and loans, especially within family dynamics. They discuss the potential legal implications of failing to document these arrangements, including the risk of disputes and costly litigation. Jessica and Danni advocate for engaging specialist estate planners to ensure that these arrangements align with overall estate plans and to mitigate risks associated with undue influence and capacity issues. Highlighting the need for independent legal advice and the importance of clear communication among family members regarding financial intentions. Chapters 00:00Understanding the Importance of Documentation 06:13Engaging a Specialist Estate Planner 11:43Consequences of Poorly Documented Arrangements

In this episode of the Wills and Estates Transmission Podcast, Tony Skinner and Max Williams discuss the intricacies of estate administration following the grant of probate or letters of administration. They cover essential topics such as the responsibilities of executors, the process of advertising for claims, the payment of executors, property ownership issues, navigating financial institutions, the superannuation claims process, the continuation of legal actions after death, and considerations for leaving assets to not-for-profit organisations. The conversation emphasises the importance of seeking legal advice to avoid personal liability and ensure proper administration of the estate. Understanding the Grant of Probate 03:59Executor Responsibilities and Payment 08:05Property Ownership and Inheritance 11:54Navigating Financial Institutions 12:52Superannuation Claims Process 16:44Legal Actions Post-Death 18:55Considerations for Not-for-Profit Bequests 20:44The Importance of Legal Advice for Executors

Tony Skinner welcomes listeners and introduces John de Groot and Rachael Ryan. John de Groot explains the importance of enduring powers of attorney in estate planning. John highlights that enduring powers of attorney continue to be effective even if the principal loses capacity. Rachael Ryan emphasizes the importance of appointing trustworthy attorneys who can make decisions in the principal's best interests. Rachael discusses the need for attorneys to have the necessary skills to handle the principal's affairs. Rachael mentions the importance of providing specific guidance and direction to attorneys. Rachael highlights the need for detailed instructions on the care of pets, especially if they are part of the family. John de Groot discusses the importance of providing detailed instructions on pet care, including dietary preferences and playmates. John mentions that these instructions help ensure the pet receives the same level of care as provided by the principal. Rachael Ryan adds that specific authority to use funds for pet care is crucial. John and Rachel agree that these instructions are essential for maintaining the quality of life for pets. John de Groot discusses the importance of authorizing attorneys to spend money on home care and modifications. Rachel Ryan adds that some clients prefer to live at home as long as possible but want to avoid burdening their family. John mentions that clients may want their attorneys to identify quality nursing home environments if living at home becomes impractical. Rachael and John discuss the importance of authorizing attorneys to continue making gifts and loans as per the principal's wishes. John de Groot discusses the importance of authorizing attorneys to continue living arrangements with family members. Rachael Ryan highlights the increasing trend of adult children living with their parents and the need for clear instructions on their continued residence. John mentions that specific instructions can help avoid conflicts among siblings regarding living arrangements. Rachael and John agree that clear instructions are essential to maintain family harmony and ensure the principal's wishes are fulfilled. John de Groot discusses the importance of authorizing attorneys to fulfill the principal's lifestyle preferences, such as drinking wine or visiting the beach. Rachel Ryan adds that lifestyle costs should be considered when drafting enduring powers of attorney. John mentions that lifestyle preferences should be integrated into the document to ensure the principal's quality of life is maintained. Rachael and John agree that lifestyle instructions are crucial for maintaining the principal's well-being. Rachael Ryan discusses the importance of authorizing attorneys to handle loans and family trusts as per the principal's wishes. Rachael explains that attorneys need flexibility to decide whether to call in loans or allow them to remain unpaid. John de Groot agrees that each case is different, and specific instructions are necessary to avoid disruptions. Rachael Ryan discusses the importance of strategic gifting to minimize disputes post-death. Rachael mentions that some clients authorize attorneys to withdraw superannuation entitlements and gift them to family trusts. Rachael explains that this strategy helps minimize the size of the personal estate and reduce the risk of challenges. John de Groot agrees that strategic gifting is an important part of the overall estate plan. John de Groot summarizes the key points discussed, including pets, home care, gifting, and lifestyle preferences. John emphasizes the importance of customizing enduring powers of attorney to reflect the principal's life and family dynamics. Rachael Ryan adds that specific instructions help ensure that the principal's wishes are fulfilled even if they lose capacity. John and Rachael encourage listeners to consider these issues when creating their enduring powers of attorney.

The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances. It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by stressing the value of consulting an estate planning lawyer for comprehensive and legally binding estate planning. Chapters 00:00 Introduction and Importance of Updating Your Will 01:37Appointing Guardians for Minor Children 07:58The Value of Consulting an Estate Planning Lawyer