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Genders and Partners Wills. Estates. Trusts. Oldest law firm in South Australia.

📞 FREE 15-Minute Telephone Consultation Rod is a prolific author and speaker.

Rod Genders is a senior Australian lawyer specialising in trusts, Wills and estate planning, probate and deceased estate administration and contested estates in Adelaide and throughout South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia. Rod is the winner of the prestigious 2015/16 Australian Law Award for Sole Practitioner of the Year for the whole of Australia, and is one of only 5 finalists worldwide for the international Society of Trust and Estate Practitioners (STEP) Vulnerable Client Adviser of the Year 2015/16. Rod is the 3rd generation of Genders in the law and has been practising specialised law since the mid 80’s. He has acted as counsel or consultant to in excess of 50 other firms around Australia. Rod holds the SA state record for the highest ever personal injury award of damages, and has been involved in several of the largest personal injury claims in Australian legal history. For over 10 years he served on the Council of the Law Society of South Australia and is a senior member of its Succession Law Committee. Rod is a member of the London-based Society of Trusts and Estate Practitioners and serves on the local and international committees of that prestigious organisation. He founded the international STEP Digital Assets Working Group and is active in law reform in this area. For over 20 years Rod has chaired a private committee enquiring into the affairs of protected persons. He is a member of the Law Council of Australia, a member of the Notaries Society of South Australia and an associate member of the American Bar Association.

What happens when a Will reflects someone’s wishes but hasn’t been properly signed or witnessed?Our article explains the...
12/10/2026

What happens when a Will reflects someone’s wishes but hasn’t been properly signed or witnessed?

Our article explains the formal requirements for Wills in South Australia and how the Supreme Court may recognise an informal document in certain circumstances. This outcome is not guaranteed, highlighting the importance of proper preparation and legal advice.

Learn more:
https://www.genders.com.au/when-a-will-doesnt-meet-the-rules/

Learn what formal requirements a Will must meet in South Australia, what happens when they are not met, and how the Court's dispensing power may rescue an informal document.

Unusual wishes can raise important questions about estate planning.Part 4 of our Weird Probate Issues series explores st...
10/10/2026

Unusual wishes can raise important questions about estate planning.

Part 4 of our Weird Probate Issues series explores stories involving personal possessions, gifts with conditions and requests about a person’s remains. These examples highlight the importance of choosing an executor carefully and obtaining advice about how your wishes are documented.

Learn more:
https://www.genders.com.au/weird-probate-issues-part-4/

The Bottom Line - Some people are determined to have their final say in their strange Last Wills and Testaments. Have a smile at their.

From arrangements for beloved pets to detailed funeral requests, some Wills contain particularly unusual wishes.Part 3 o...
06/10/2026

From arrangements for beloved pets to detailed funeral requests, some Wills contain particularly unusual wishes.

Part 3 of our Weird Probate Issues series explores memorable examples and highlights why seeking legal advice matters when considering unconventional provisions in your own Will.

Learn more:
https://www.genders.com.au/weird-probate-issues-part-3/

Famous Last Words - Some people try to tell you that “you can’t take it with you,” but that doesn’t mean you have to go quietly.

How do reversionary pensions and binding death benefit nominations fit into your estate planning?These arrangements serv...
30/09/2026

How do reversionary pensions and binding death benefit nominations fit into your estate planning?

These arrangements serve different purposes and may interact when determining what happens to your superannuation after death.

Our article explains why your fund’s rules matter and why reviewing nominations together, particularly when family circumstances change, is an important part of broader estate planning.

Learn more:
https://www.genders.com.au/reversionary-pensions-and-death-benefit-nominations/

Learn how reversionary pensions and binding death benefit nominations work together — and why both matter for your superannuation estate plan in Australia.

Personal wishes, family conversations and future care preferences also have a place in estate planning.Rod Genders explo...
28/09/2026

Personal wishes, family conversations and future care preferences also have a place in estate planning.

Rod Genders explores the softer side of planning, including choosing who might make decisions on your behalf, arrangements for pets and wishes about items with sentimental value.

The article discusses how documenting preferences and talking with loved ones can help them understand what matters to you.

Learn more:
https://www.genders.com.au/rod-genders-podcast-episode-2-dont-neglect-the-softer-side-of-estate-planning/

Wills and Estate Planning are not just about money and assets. There are softer, more intimate and very human elements that greatly.

Can beneficiaries agree to distribute an estate differently from the arrangements in a Will?A deed of family arrangement...
25/09/2026

Can beneficiaries agree to distribute an estate differently from the arrangements in a Will?

A deed of family arrangement may provide a way to formalise this agreement where all relevant beneficiaries consent.

Our article explains the requirements, the executor’s role, and why independent legal advice and advice about taxation are important before finalising an arrangement. The implications can vary depending on the circumstances and assets involved.

Learn more:
https://www.genders.com.au/deeds-of-family-arrangement-varying-a-will-by-agreement/

Learn how a deed of family arrangement lets beneficiaries vary an estate distribution by agreement — avoiding litigation, with the right legal and tax advice in place.

Dementia can affect a person’s ability to make decisions, making capacity an important consideration in estate planning....
21/09/2026

Dementia can affect a person’s ability to make decisions, making capacity an important consideration in estate planning.

Our article discusses Wills, Enduring Powers of Attorney and Advance Care Directives in South Australia. It explains why preparing these documents while you have the necessary capacity, and reviewing them as circumstances change, matters.

Learn more:
https://www.genders.com.au/warning-dementia-will-soon-become-australias-leading-cause-death/

Dementia reaches into estate planning, legal capacity, and financial security in ways that too few people address until it is too late.

Testamentary capacity is the legal standard a person must meet when making a valid Will.Cognitive decline or a dementia ...
16/09/2026

Testamentary capacity is the legal standard a person must meet when making a valid Will.

Cognitive decline or a dementia diagnosis does not automatically mean a person lacks testamentary capacity. The assessment relates to the person’s understanding when the Will is executed.

In the first episode of the Rod Genders Podcast, we explore how testamentary capacity is assessed and why planning ahead is important.

Learn more:
https://www.genders.com.au/rod-genders-podcast-episode-1-what-is-testamentary-capacity/

Rod Genders explains testamentary capacity, the legal test for making a valid Will, dementia and why early estate planning matters in South Australia.

Address

Suite V1, Level 3, 169 Fullarton Road
Dulwich, SA
5065

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

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