Where there's a Will there's a Way

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!

What happens to your inheritance if your relationship breaks down? In this episode of Where There's a Will, There's a Way, host Stefan Manche sits down with James Maxwell, Principal Lawyer in Family & Relationship Law at Coulter Legal, to explore the intersection of estate planning and family law. They discuss how inheritances are treated in divorce, whether prenups (binding financial agreements) can protect assets, and the difference between gifts and loans from parents. Packed with expert insights and practical advice, this episode is a must-listen for anyone planning their financial future.

In this episode of Where There's a Will, There's a Way, host Stefan Manche welcomes special counsel Georgina Parisis to explore the world of share farming agreements. They discuss how these agreements benefit both landowners and farmers, the risks of handshake deals, and why proper documentation is essential for smooth operations and succession planning. Whether you're a farmer, landowner, or involved in agribusiness, this episode provides key insights on protecting your interests and planning for the future.

In this episode of Where There's a Will, There's a Way, host Stefan Manche, Principal Lawyer at Coulter Legal, is joined by Senior Associate Lauren Solomonson to unpack the recent and significant changes to probate filing fees in Victoria. They break down the new fee structure, discuss the financial impact on executors, and explore how these changes could reshape estate planning strategies. If you're an executor or planning your estate, this is an essential listen to understand how these new costs may affect you.

In this thought-provoking episode of Where There's a Will, There's a Way, host Stefan Manche and guest Lauren Solomonson explore a topic often overlooked until it's too late: what happens to your social media and digital accounts after you pass away? With platforms like Facebook, Instagram, and TikTok holding years of memories, it's vital to plan your digital legacy.Discover the risks of unmanaged accounts, including identity theft and emotional distress for loved ones, and learn practical steps for memorialising or deleting accounts on popular platforms.

Join Stefan Manche, Principal Lawyer and Head of Wills, Estates, and Succession Planning at Coulter Legal, as he dives into the complex yet essential world of estate administration. Together with guest Lauren Solomonson, this episode demystifies the legal and emotional challenges of managing a loved one's estate. From the initial steps after a passing to distributing assets, you'll gain a clear understanding of the process, common pitfalls, and expert advice to navigate this journey confidently. Whether you're an executor, administrator, or just curious, this podcast offers invaluable insights tailored to empower and inform.

 In this episode of the "Where There's a Will, There's a Way" podcast, host Stefan Manche sits down with Senior Associate, Lauren Solomonson, to explore the complexities of informal Wills in Victoria. Lauren shares her experiences navigating the nuances of Wills that don't meet formal requirements and explains the legal processes involved in validating these documents. Whether you're dealing with a Will that might be informal or simply want to understand the potential risks of DIY Wills, this episode provides essential guidance to ensure your estate planning is on solid legal ground.

Unpack the complexities and importance of bequests in this discussion. Join our seasoned legal experts Stefan Manch and Lauren Solomonson as they explain how to create bequests that reflect your wishes and stand the test of time. Discover practical tips for avoiding common pitfalls and ensuring your assets are distributed exactly as you intended.

In this special episode of "Where There's a Will, There's a Way," host Stefan Manche, head of the Wills, Estates, and Succession Planning team at Coulter Legal, introduces an exciting new offering: My Estate Plan. This holistic estate planning service is designed to ensure comprehensive and tailored support for clients' unique circumstances, needs, and wishes. Stefan explains how My Estate Plan covers everything from basic documents like wills and powers of attorney to complex considerations involving superannuation, trusts, and business interests. Learn about the innovative value-based pricing model that provides cost certainty and the flexibility to choose a service level that suits you. Whether you're young, a professional, a business owner, or a retiree, My Estate Plan is designed to grow with you as your needs evolve. Tune in to discover how this modern approach to estate planning can offer peace of mind and comprehensive support at every stage of life.

In this episode of "Where There's a Will, There's a Way," host Stefan Manche, head of the Wills, Estates, and Succession Planning team at Coulter Legal, is joined by associate lawyer Kayla Kennedy to discuss the intricacies of estate planning for blended families. They delve into the challenges and risks, such as potential conflicts and claims on the estate, and explore effective strategies like mutual will agreements, life interests, testamentary trusts, and the strategic use of life insurance and superannuation benefits. This episode provides valuable insights for ensuring that all family members are provided for according to your wishes, making it essential listening for anyone navigating the complexities of blended family dynamics in estate planning. Tune in to learn how to safeguard your legacy and provide peace of mind for your loved ones.

In this episode of "Where There's a Will, There's a Way," host Stefan Manche, head of the Wills, Estates, and Succession Planning team at Coulter Legal, is joined by associate lawyer Kayla Kennedy to explore how significant life events impact estate planning. From marriage and parenthood to divorce and retirement, they discuss the key considerations and necessary updates to ensure your estate plan remains current and effective. Learn about the implications of joint assets, appointing guardians, establishing trusts for minor children, and the unique needs of business owners and retirees. Tune in for essential insights to help you navigate estate planning through every stage of life.

In this episode of "Where There's a Will, There's a Way" from Coulter Legal, host Stefan and Tristan Burke, a lawyer in the wills and estates team, discuss Special Disability Trusts. They cover the trust's basic concept, its structure, and how it benefits a specific disabled beneficiary. The episode explains eligibility criteria, asset limits, and usage of trust funds for accommodation and other disability-related expenses. They also address potential challenges and requirements in setting up and maintaining such trusts, offering insightful guidance on navigating this specialised estate planning tool.

In this episode of the "Where There's a Will, There's a Way" podcast from Coulter Legal, host Stefan and Kayla Kennedy, an associate in the wills and estates team, delve into the intricacies of testamentary trusts. They discuss the benefits and complexities of incorporating trusts into wills, including asset protection, tax advantages, and the flexibility in managing estate assets for beneficiaries. The conversation explores the roles of trustees, appointors, and beneficiaries, and the impact of these trusts on estate planning. They also consider potential downsides, such as costs and disputes, providing a comprehensive view of testamentary trusts in estate planning.

In this episode of "Where There's a Will, There's a Way" podcast, host Stefan from Coulter Legal is joined by Jay Burke from Burke Britton Financial Partners. They delve into Jay's background, both personal and professional, as a father of five and a director at Burke Britton Financial Partners. The discussion focuses on the intersection of estate planning and financial planning, emphasising the importance of relationships and problem-solving in these fields. Jay shares insights about the dynamic nature of financial planning, the challenges of adapting to technological and legislative changes, and the significance of client-centric approaches. The conversation also covers how financial planners and lawyers can collaborate effectively for the benefit of their clients, especially in estate planning. Jay's take on the necessity of action and personal responsibility in financial and estate planning rounds off the episode.

In this podcast episode, the host Stefan and guest Kirsty Brealey, Special Counsel at Coulter Legal and an accredited specialist in Wills & Estates, discuss Contesting Wills and Estate Disputes. The conversation starts with an introduction to the topic and the distinction between contesting a will on the grounds of the validity of a will or seeking further provision. Kirsty explains who is eligible to contest a will and the circumstances that would make a claim 'good'. She outlines the factors that are taken into account, such as the financial need, moral obligation, relationship with the deceased, financial resources of other beneficiaries, and many more. Finally, Kirsty explains the legal process involved in initiating a claim and how strategic informal negotiations may lead to early dispute resolution.

In Episode 4 of Coulter Legal's podcast, "Death and your Will - Estate Administration Process," host Stefan and guest Sarah, Lawyer in the Coulter Legal Wills and Estates team, guide listeners through the complex process of estate administration. They cover the steps that executors should take, including obtaining a copy of the will, arranging the funeral, securing assets, and engaging a solicitor. They also explain what a Grant of Probate is, when it's required (and when it isn't), as well as how decisions are made about the deceased's assets. Anyone looking to understand the legal process of estate administration will find this episode informative and helpful.

In this podcast episode, Stefan and guest Yvette Krizmanic, Senior Relationship Manager at Australian Unity Trustees, discuss the role of an executor in a will, what you should consider when selecting executors, and the available options for will-makers. Stefan provides a comprehensive introduction to the topic, explaining that an executor is the person, people, or organisation appointed in a will as the legal representative of the estate after someone dies. Yvette goes on to detail the responsibilities of an executor, which can be quite extensive, such as arranging the funeral, securing estate assets, and eventually distributing assets in accordance with the will. The podcast is an informative guide for those looking to learn more about the executor role in estate planning.

In Episode 3 of this podcast, Stefan and Wills & Estates lawyer Tristan discuss what happens to your assets if you die without a Will, and why you should take control of your estate planning instead of leaving it to chance. Tristan explains the Intestacy Laws, which are designed to distribute estates as effectively as possible, but do not take into account complex family situations, large asset pools, or vulnerable beneficiaries. They discuss the inadequacies of the system and how it can be overcome with a well thought out estate plan. Don't miss this insightful discussion on Intestate Estates.

In this episode of this estate planning podcast, host Stefan is joined by guest Wills & Estates lawyer Tristan Burke to explore which assets are included in your estate and can be controlled via your Will. They discuss important distinctions between assets owned in a will-maker's sole name versus those held jointly, as well as assets held in trusts or companies. They also delve into the complexities of directing superannuation benefits, utilising family discretionary trusts, and gifting shares in a company. This informative episode is a must-listen for anyone looking to understand the intricacies of estate planning.

In this episode of the podcast, Estate Planning 101, Wills & Estates Lawyer Sarah Minter joins host Stefan to discuss the difference between creating a Will and completing an Estate Plan. They discuss what documents might make up an estate plan and what the most important considerations for Estate Planning are, such as powers of attorney, complex wills, death benefit nominations, and tax consequences. They also touch on who should consider estate planning and the involvement of other professionals like accountants and financial advisors. The episode ends with a discussion of the most important consideration for those embarking on the estate planning process. This is a must-listen discussion for anyone seeking an overall understanding of the Estate Planning process.