Whyte Just Moore Lawyers

03/06/2026

The Federal Budget has raised a lot of questions lately.
We've been talking to many of our clients about the new 30% minimum tax on some discretionary trusts.

What does this mean for existing Wills? Or for those who plan to incorporate a trust into their Will?

We've written a summary of the key changes and what to do next.
Find it in the Publications section on our website.

01/06/2026

If you're ever buying property in Victoria, you'll want to know about the Section 32 statement.

Our Property Lawyer, Claudia, will take you through it step by step.

01/06/2026

Heard about the new 30% minimum tax on discretionary trusts?
You might be thinking about removing the testamentary discretionary trust from your Will.
But that's not necessarily the right move. Here's why.

In the past, these trusts have allowed families to distribute income to lower-income family members to reduce the overall tax payable.
While that benefit is reduced by the new Federal Budget proposal, it's not the only reason we recommend testamentary discretionary trusts.

This type of trust can still protect inheritances from relationship breakdowns and creditors.
Plus, for many beneficiaries who already pay tax at 30% or more, there's no increase in overall tax paid.

And there's another layer of flexibility. Many testamentary discretionary trust Wills include a provision that allows beneficiaries to elect not to use the trust structure at all, if certain conditions are met.
That means the decision doesn't have to be made now. It can be made later, based on the law as it stands at the time.

Finally, the legislation hasn't passed yet. Making major changes to your Will before the details are settled isn't necessary for most people.

We've written a breakdown on the new minimum tax on discretionary trusts introduced by the Federal Budget.

Read it here:

A new 30% minimum tax on discretionary trust income was announced in the 2026 Federal Budget. Here's what it means for your Will and estate plan.

27/05/2026

At what age should you get a will?
Our answer: earlier than most people think.

Our Principal Lawyer Alison Mitchell explains why you should start thinking about your will as early as possible.

26/05/2026

Settling an estate takes time.

Once a Grant of Probate is issued, there's still a six-month window before assets should be distributed to beneficiaries. That window exists to allow time for anyone to challenge the will.

If an executor distributes the estate before that period has passed and a challenge succeeds, it's the executor who is personally liable. Not the beneficiaries who have already received their share.

We've written a guide to the probate process in Victoria. Read it here: https://whytejustmoore.com.au/what-is-probate-victoria/

22/05/2026

FEDERAL BUDGET 2026 UPDATE

The Federal Budget has caused quite a stir. We've been fielding many questions about a common estate planning strategy.

The Budget introduces a 30% minimum tax on the taxable income of certain discretionary trusts, including, in some cases, testamentary discretionary trusts.
Here are the key takeaways:

‣ The minimum tax applies to testamentary discretionary trusts established after the budget announcement
‣ Fixed testamentary trusts, special disability trusts, and complying superannuation funds are not affected
‣ The income-splitting advantage of discretionary testamentary trusts is substantially reduced, but these trusts still offer meaningful protection from relationship breakdowns and creditors

The legislation hasn't been passed yet. The full scope of these changes isn't settled, and the details may shift.

If you have a testamentary discretionary trust, or a will that includes one, it's good to speak to a lawyer before making any decisions.

20/05/2026

A lot of messy business disputes don't start as disputes.

They start as a handshake deal, a contract that wasn't reviewed properly, or a lease signed in a hurry.

The businesses that tend to come out of difficult situations best are the ones that got proper legal advice before things escalated. Not after.

Whyte, Just & Moore's business law team works with owners across Geelong on contracts, transactions, leasing, and dispute resolution. If something's on your radar, it's worth a conversation early.

20/05/2026

If you're a will executor for someone who has passed away, one of your next steps will be applying for probate.

Find out what's required: https://whytejustmoore.com.au/what-is-probate-victoria/

17/05/2026

Almost 150 years of helping Geelong families.

Aaron Jolly reflects on what has made Whyte, Just & Moore such an important part of the Geelong community for so long.

14/05/2026

Does my superannuation automatically go to my estate when I die?

Surprisingly, no.
Your super fund decides who receives your balance unless you have a valid binding death benefit nomination in place.

It's also worth knowing that binding nominations expire every three years unless your fund offers a non-lapsing option. An outdated nomination after a separation, remarriage, or the death of a beneficiary can cause real problems.

Super is often one of the largest assets a person holds. If you're unsure what's in place, our Wills and Estates team at Whyte, Just & Moore can help you work through it.