Olivetree Legal

Olivetree Legal Personalised expert advise and strategies for generational succession of wealth.

03/09/2026

Set it and forget it? Not when it comes to your Will.

A lot of people think that once a Will is written, it never needs looking at again. But life changes, and your estate plan needs to move with it, not sit frozen at the moment you signed it.

A few life events mean it is worth revisiting your Will properly, not just glancing at it:

🍃 Getting married. In Victoria this automatically revokes an earlier Will, so whatever you had in place before may no longer exist.

🍃 Separating from a partner. Nothing updates automatically here, your Will keeps operating exactly as written until you change it.

🍃 Acquiring assets overseas, since different jurisdictions can complicate how your estate is handled.

🍃 Moving assets into a trust, since trust assets generally sit outside what your Will actually controls.

🍃 Starting a company, since your Will alone will not determine what happens to your shareholding.

You will not always need to rewrite the whole thing. But checking in means your plan still reflects your actual circumstances, not the version of your life that existed when you first signed it.

When did you last look at yours? 🍃

28/08/2026

Who should you choose as your executor?

One of the biggest questions people face when putting together a will is deciding who should be their executor.

The executor is the person who is completely in charge of the process and takes control of your estate once you pass away. It’s a massive responsibility that involves making crucial decisions, such as:

🍃Property Management: Deciding whether to sell property by auction or private sale, selecting the real estate agent, and setting the reserve price.

🍃Asset Distribution: Deciding whether a beneficiary can take a specific item.

🍃Funeral Arrangements: Organizing the funeral and deciding how your body is dealt with.

Because there are so many decisions to control, choosing the right person is vital. The number one trait you should look for is someone who is highly organized.

There is a mountain of paperwork involved, so you need someone who can keep track of it all and deal with it in a timely manner.🍃

Did you know that each Australian State has its own law about who can contest a Will and its own process for dealing wit...
26/08/2026

Did you know that each Australian State has its own law about who can contest a Will and its own process for dealing with assets?

Not only that, but the forms for Power of Attorney are different for each State.

Although it is possible that your documents will be recognised between States, it is a good idea to talk to a local lawyer if you have moved interstate or purchased property in another State to make sure that your loved ones can manage the process smoothly if you lose capacity or pass away.🍃

Most people put estate planning in the "when I'm older" category. And when they do think about it, they think about a wi...
24/08/2026

Most people put estate planning in the "when I'm older" category. And when they do think about it, they think about a will.

But here is what often gets missed: a will only comes into effect after you die. A power of attorney is the document that protects you while you are still alive.

An enduring power of attorney allows you to appoint someone you trust to make financial and legal decisions on your behalf if you lose the capacity to do so yourself. This might be due to an accident, illness, or cognitive decline. It does not have to be permanent,it simply ensures that someone you have chosen is in a position to act, rather than leaving it to a process you have no control over.

Without one in place, even a spouse or adult child may not automatically have the legal authority to manage your affairs. In some cases, an application to the court or tribunal is required, a process that takes time, costs money, and adds significant stress to an already difficult situation.

A will and a power of attorney work together. One covers what happens after you are gone. The other covers what happens if you need support while you are still here.🍃

21/08/2026

"I'm too young to need a will." Think again!

One of the biggest misconceptions is that estate planning is only for the older generation or the wealthy.

But here is the truth: if you pass away without a will, your loved ones might be forced to get a Grant of Probate to appoint an administrator. If they use a lawyer, that process alone can easily cost between $2,000 and $3,000.

Having a will, even if you don't have major assets yet, gives your executor the power to handle things directly with institutions like banks or VicRoads using just the will and a death certificate.

It’s a simple, cost-effective step to protect your family from unnecessary stress and expenses later on.🍃

Choosing a trustee is one of the most important decisions a carer can make.Choosing a trustee for a vulnerable beneficia...
18/08/2026

Choosing a trustee is one of the most important decisions a carer can make.

Choosing a trustee for a vulnerable beneficiary is not just a legal decision. It is a deeply personal one. And getting it wrong has consequences that last long after you are gone.
Here is what we recommend thinking about.

Does the person understand money? If your beneficiary struggles with financial management, your trustee needs to be financially literate enough to make sound decisions on their behalf. This is not the role for someone who means well but has no experience managing assets.

Do they know and understand your beneficiary? A trustee who has never met the person they are managing funds for cannot make decisions about housing preferences, daily needs or lifestyle choices. Personal connection matters as much as financial competence.

Can they handle pressure? In some situations, particularly where a beneficiary has an addiction or mental health condition, a trustee may face significant pressure to release funds early or in ways that cause harm. Your trustee needs to be able to hold the line with compassion but without wavering.

The best approach is often a combination. One trustee with financial or legal expertise. One with a personal connection to the beneficiary. Two perspectives, one shared responsibility.
And do not forget, the trustee role is demanding.

Consider including a provision for fair compensation in your Will. A trustee who is properly supported is far more likely to do the job well and for the long term.🍃

If you have a Will, a family trust or assets to pass on, the 2026 Federal Budget changed something you need to know abou...
16/08/2026

If you have a Will, a family trust or assets to pass on, the 2026 Federal Budget changed something you need to know about.

Creating a trust through your Will just became even more valuable.

If you are part of the majority of Australians who have never heard of a testamentary trust, it's time to change that.🍃

When a loved one passes away, it is common to feel a sense of urgency around all the 'jobs' that need to be done. Bills...
12/08/2026

When a loved one passes away, it is common to feel a sense of urgency around all the 'jobs' that need to be done.

Bills keep coming. Subscriptions keep charging.

The phone keeps ringing.

The frustrating period of 'limbo' waiting for the death certificate, which can take up to six weeks to issue (and longer if the coroner is involved).

Once the death certificate arrives, the Probate application can commence and the Executor can make progress with notifying the ATO, Centrelink, Medicare, financial institutions and service providers.

The executor who knows where the Will is, understands what they have agreed to and has a clear record of assets and wishes will move through this with far more confidence than one starting from scratch in the middle of grief.

The first 30 days after a death should be about family. Not paperwork.🍃

TWO WILLS? What do you do? This happens more than most people realise. And when it does, the consequences can be signifi...
09/08/2026

TWO WILLS? What do you do? This happens more than most people realise. And when it does, the consequences can be significant.

Here is a real example of why this matters.

Amy dies. Bianca goes to the bank with a copy of Amy's death certificate and Will. The Will names Bianca as executor. The bank accepts her instructions, closes Amy's account and pays the money into Bianca's estate account.

The following week, Charlie arrives at the same bank with a later Will — one that names Charlie as executor. The bank has already paid out the money. Charlie sues.
This is exactly why Probate exists. The Probate process requires the original Will to be lodged with the Supreme Court of Victoria. It gives financial institutions and executors the assurance that they are dealing with the right person, under the right document, at the right time.

If two Wills turn up, the Probate Registrar will examine both. The later document generally prevails but the earlier one may still be relevant if the later Will does not address all assets, or if there are questions about capacity or validity at the time the later Will was signed.

The practical lesson in all of this is straightforward. Keep your Will updated. Tell your executor where the original is kept. And when you make a new Will, make sure your previous one is formally revoked.🍃

3,136 applications were made to the Victorian Supreme Court Probate Office in the 2024-2025 year for a Grant where the p...
07/08/2026

3,136 applications were made to the Victorian Supreme Court Probate Office in the 2024-2025 year for a Grant where the person who died had not made a Will and another 170 applications were made for people who had tried to make a Will which did not qualify as a 'valid' Will by the formal legal standards.

If a Will does not meet the formal requirements for signing and witnessing, there is a different process for proving it is still a valid Will.

Evidence is needed to show that they had the capacity to make a Will and that they intended for the document to be their last Will.

These types of issues can often arise in the context of a homemade or online Will.

It is important if making your own Will that you understand all of the formal requirements for a Will to be considered valid in Victoria so that you can ensure your wishes are enacted as you intend.🍃

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