Kenney Legal

15/06/2026

Can someone change a will when a parent is losing capacity?

It's a question we hear often, and the answer isn't always straightforward.

As people age or experience conditions such as dementia or Alzheimer's disease, concerns can arise about whether they still have the legal capacity to make or change a will. While a person may still be able to update their will if they understand what they're doing and the effect of their decisions, changes made when capacity is in doubt can lead to disputes later on.

Families are often surprised to learn that:
✅ A diagnosis alone doesn't automatically mean someone can't make a valid will.
✅ Capacity is assessed at the time the will is made.
✅ Proper legal advice and medical evidence can be crucial in protecting a will from future challenges.

If you're worried about a loved one's estate planning, it's important to seek advice early. Delaying can limit the available options and increase the risk of family conflict down the track.

Read our latest blog to learn more about wills, capacity, and the legal safeguards that may apply.

https://www.kenneylegal.com.au/blog/can-someone-change-a-will-when-a-parent-is-losing-capacity

When a parent’s health is declining, questions often arise about whether they can still validly change their Will. The law requires that a person has “testamentary capacity” at the time the Will is made, but capacity is not always clear-cut. In many cases, particularly involving dementia or il...

12/06/2026

Quite often people associate Wills with only distributing large sums of money, but some of the most important items or sentimental items we own are in the smaller details.

Having a professionally drafted Will gives you a voice to ensure these precious items go to the right person, who will hopefully love them just as much as you have.

09/06/2026

WHO INHERITS THE HOUSE?🏠

Mum passed away years ago.

Dad has been living with a new partner for 8 years.

He has two adult children from his marriage to Mum.

He owns the family home.

Dad dies.

Who inherits the house?

Most people immediately answer: “His children.”

But what if his partner has been sharing her life with him for the last 8 years?

Could she have a claim?

The reality is that many people are surprised to learn that a surviving partner may have rights in relation to an estate, even where there are adult children involved.

In blended families, assumptions can be dangerous.

What Dad wanted to happen, what his Will says, and what the law ultimately allows can be three very different things.

That’s why having an up-to-date estate plan is so important. It provides clarity, helps protect loved ones, and can significantly reduce the risk of disputes after you’re gone.

💡 The real question isn’t “Who should inherit the house?”

It’s “Have you documented your wishes in a way that gives them the best chance of being carried out?”

📞 Contact Kenney Legal to discuss your estate planning.

04/06/2026

“There are good reasons why you shouldn’t attempt to prepare your will yourself…”

🤓A quick coffee break read, and maybe share this with the other half or parents.

We are currently working with many estates that would have been so straightforward had a valid will (or any will) been in place…

While it might be tempting to consider leaving the legalities for “later on”, there are good reasons why you shouldn’t attempt to prepare your will yourself.

02/06/2026

💰 Is your super going where you want it to?

Many Australians don’t realise their superannuation doesn’t automatically form part of their estate when they pass away.

A Binding Death Benefit Nomination (BDBN) lets you choose who receives your super death benefits. Depending on your circumstances, you can direct them to an eligible beneficiary, such as a spouse or child, or to your estate for distribution under your Will.

It’s important to review your nomination regularly to ensure it still reflects your wishes.

Don’t leave your super’s future to chance. If you need help with succession planning or advice on how your super fits into your estate plan, contact Kenney Legal today.

📞 Speak with our estate planning team to help protect your wishes.

25/05/2026

One of the most common things we hear is, “We’re still young, we’ll get around to it later.”

But estate planning is often most important when your children are young.

If something unexpected happened tomorrow, who would make decisions for your children? Who would manage money for them? Who would you trust to step in and care for them the way you would want?

A properly prepared Will can appoint guardians for your children and help make sure their future is protected. Powers of Attorney can also ensure someone you trust can step in if you are unable to make decisions yourself.

Estate planning is not about expecting the worst, it is about protecting the people you love most, no matter your age.

The families who need estate planning “one day” are often the families who benefit from it most today.

19/05/2026

There has been a lot of discussion recently around the Federal Government’s proposed changes to the taxation of discretionary testamentary trusts, and understandably many people are looking for answers about what this may mean for their estate planning.

We are currently working through the detail and implications of the proposed changes ourselves, however the attached reel provides a helpful layperson overview of the discussion and proposed reforms.

We will continue to monitor the Federal Government’s position and provide a further update once there is greater clarity around the proposed changes and their practical effect.

24/04/2026

We are hiring!🤓

Do you know of a qualified lawyer with experience in estate planning looking for the ideal flexible role?

If so, check out this role within Kenney Legal. If you’re interested, don’t hesitate to reach out with any questions.

https://www.linkedin.com/jobs/view/4404482347

Posted 11:59:49 AM. Company DescriptionKenney Legal is a boutique law firm based in the outer eastern suburbs of…See this and similar jobs on LinkedIn.

21/04/2026

Have you been left out of a Will, or feel you haven’t been properly provided for?

It can be incredibly confronting to discover that a loved one’s estate does not reflect what you expected, especially during an already difficult time.

In Victoria, you may have the right to bring a family provision claim. These claims allow the Court to review and, in limited circumstances, adjust the distribution of an estate. However, strict eligibility requirements and time limits apply, and understanding where you stand early is critical.

In our latest blog, we break down:
• Who is eligible to make a claim
• What the Court considers
• The six month time limit you need to know about
• Whether matters can be resolved without going to court
• What happens if proceedings become necessary

Family provision claims are rarely just legal issues, they often involve complex family dynamics and sensitive circumstances. Knowing your options can help you make informed, practical decisions.

If you are unsure where you stand, this guide is a helpful place to start.

Left out of a will or received less than expected? You may have grounds to make a family provision claim in Victoria. This guide breaks down who can apply, the key time limits, and the steps involved in challenging a will—without the legal jargon. If you’re unsure where you stand or what to do n...

19/04/2026

How could someone you’ve never even met end up with your money?

It happens more often than you think.

Without the right estate planning in place, your hard-earned assets could end up in the hands of a former spouse, a creditor, or someone your children later separate from.

When children inherit assets outright, those assets can become vulnerable, particularly if they marry, enter a de facto relationship, divorce, or experience financial difficulties down the track.

That’s where testamentary trusts come in.

A testamentary trust is created under your Will and only comes into effect after you pass away. Instead of your children receiving their inheritance directly, the assets are held in a trust structure that can:

• Help protect assets in the event of relationship breakdown
• Provide flexibility as circumstances change
• Offer potential tax advantages for families
• Safeguard wealth for future generations.

You can’t always predict who your children may marry, what business risks they might take on, or what life may throw at them. But you can plan ahead.

Thoughtful estate planning isn’t just about who receives your assets, it’s about protecting them long after you’re gone.

If you’d like to talk about whether a testamentary trust is right for your family, we’re here to help.