How can I make sure my money goes only to my children?
A Will alone often isn't enough. In Victoria a partner, stepchild and others can apply for a share of your estate, and super, jointly owned property and family trust assets don't follow your Will at all. Protecting your children's inheritance means lining up every asset, not just the Will.
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Can my Will be challenged in Victoria?
Yes. A spouse or partner, children, stepchildren and, in some cases, grandchildren or members of your household can apply for provision from your estate. Claims must generally be made within 6 months of the grant of probate.
Who can challenge →
What happens if my partner remarries after I die?
If you leave everything to your partner outright, they can later change their Will and leave it to a new partner or their own children. Life interests, testamentary trusts and mutual Wills agreements are some of the ways families deal with this.
Blended families →
Does my super follow my Will?
Not automatically. Super is paid by the fund's trustee, guided by the fund's deed and any death benefit nomination. A missing, lapsed or invalid nomination can send it somewhere you didn't intend.
Super and your Will →
Who controls my family trust when I die?
Your trust deed decides that, not your Will. Control usually passes through the appointor and trustee roles, so the deed's succession clauses matter more than most people realise.
Trust control explained →
Who runs my company if something happens to me?
If you're the only director, nobody can sign for the company until someone is appointed, which can freeze bank accounts and stall the business. Successor arrangements and an enduring power of attorney close that gap.
Keeping the company running →
What happens to my SMSF if I lose capacity?
If you have an enduring power of attorney, your attorney can generally take your place as trustee or director so the fund remains an SMSF. Without one, your family may need a tribunal order before anyone can act.
SMSF and loss of capacity →
How do I protect my children's inheritance from divorce or creditors?
Often, yes. An inheritance can be structured so it's much harder for a child's former partner or creditors to reach, and kept in the family for your grandchildren. The right approach depends on your family and how your assets are held.
What's possible →