What Is the Moral Duty Test in a Family Provision Claim?
The moral duty test isn't a standalone rule. It's how courts decide whether a deceased person made adequate provision for eligible family members. Here's what that actually means.
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Trusts + Estates Litigation
46 articles · page 2 of 4
What Is the Tax Treatment of a Family Provision Settlement?
Settling a family provision claim? Understand the CGT, stamp duty and Division 7A consequences before you sign. Practical guidance on tax implications for beneficiaries and executors.
When Family Law Matters Overlap With Estate Disputes: What Business Owners Need to Know
Learn how separation, divorce and death can collide in Australian law, and what business owners should do when family law property settlements intersect with contested estates and inheritance disputes.
How Do You Resolve an SMSF Death Benefit Dispute in a Blended Family?
When death benefits in a blended family SMSF are paid to the 'wrong' person, what can you actually do?
How to Remove a Corporate Trustee From a Family Trust: A Strategic Guide
Learn how to remove a corporate trustee from your family trust, who has the power to do it, what documentation you need, and how to avoid costly mistakes.
Judicial Advice for Trustees: When to Seek Court Protection for Difficult Trust Decisions
Judicial advice lets trustees get Supreme Court sign-off on contentious decisions. Learn when to seek court protection, how it works, and whether it's right for your situation.
When Should a Family Lawyer Refer an Estate Dispute to a Specialist?
Not every estate issue needs a specialist, but some disputes will harm your position if you stay with a generalist. Learn when your family lawyer should step aside.
How Are Superannuation Death Benefit Disputes Resolved?
Learn how super death benefit disputes move from trustee review to AFCA and court. Understand what evidence matters, who decides, and how to avoid losing on procedure.
What Can You Do If Trust Property Is Being Used for the Wrong Purpose?
Trust property disputes demand swift action. Learn how to recognise misuse of trust assets, protect your interests, and respond when a trustee goes off course.
When a Shareholder Dies: How Buy-Sell Agreement Disputes Arise and What to Do About Them
Death of a business owner triggers buy-sell agreement disputes over price, control, funding, and conflicting documents. Learn what executors and surviving shareholders must do early.
When Can the Court Intervene in a Trust Dispute, Judicial Advice Applications?
Understand when courts can step in to resolve trust disputes or give trustees formal directions through judicial advice applications. A practical guide for Australian trustees and beneficiaries.
Are Undocumented Family Loans Enforceable After Someone Dies?
When a family member dies owing an informal loan, proving the debt exists becomes complicated. Here's what executors, lenders and beneficiaries need to know about enforceability.