Podcast
The Wills and Estates Transmission
Welcome to The Wills & Estates Transmission – Delve into the intricacies of Wills and Estate Law as our seasoned lawyers navigate the complexities of Estate Administration, Wills and Estate Planning, Estate Disputes and Litigation as well as such interesting matters as superannuation and burial disputes.
This podcast series is your invitation to an authoritative exploration of the leading issues in our field. Welcome to an engaging journey through the legal nuances, presented by experts who define excellence in Wills and Estate Law.
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EPISODES:
Special Appearance: Rest Easy Knowing – Wills: More Than Just a Piece of Paper
Special Appearance: Rest Easy Knowing – Wills: More Than Just a Piece of PaperIn this episode of Rest Easy Knowing, host Fiona Healy talks to Julia Tutt, Senior Associate at de Groots Wills and Estate Lawyers, about the practical realities of making a will and planning for what happens after we die.
Julia explains why a will is so important, what you need to think about before making one, why some of the things you assume you own may not actually form part of your estate, and the mistakes that can cause problems for your loved ones later.
And there are some surprises along the way — including the fact that your superannuation, family trust assets and even your beloved pets aren’t necessarily treated in the way you might expect.
Julia’s advice is straightforward: see a lawyer. It’s a conversation worth having. Death can be an uncomfortable subject, but Julia makes an important point: talking about your will doesn’t have to be grim.
For adult children, simply knowing that a parent has made a will and knowing where important information can be found can provide considerable peace of mind.
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Episode 35: Risks of an Informal Will
In this episode of the Wills and Estates Podcast, Tony speaks with Emma from de Groots about the risks of informal wills and why handwritten notes, text messages or other documents can create serious complications for an estate.
Emma explains the formal requirements for a valid will and what can happen when those requirements are not followed. In some circumstances, a Court may recognise an informal document as a will, but that can create additional uncertainty, cost and delay.
The discussion also covers what can happen when someone writes changes directly onto an existing will and whether those handwritten amendments could be treated as an informal codicil.
- What is an informal will?
- What are the formal requirements for making a valid will?
- Can a handwritten note be treated as a will?
- Can a text message or video recording contain testamentary wishes?
- What happens if you write changes directly onto an existing will?
- What is an informal codicil?
- Why executors may need to bring informal documents to the Court’s attention
- The additional cost and delay informal wills can create
- Why properly updating a will is safer than relying on informal changes
An informal document may sometimes be recognised as a will, but relying on that process can create uncertainty and additional legal expense.
If you want to make or change a will, the safer approach is to obtain proper legal advice and ensure the document is prepared and executed correctly.
Listen on: Apple YouTube Music Spotify
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Episode 34: One Conversation Does Not a Property Transfer Make
In this episode of the Wills and Estates Transmission Podcast, Tony speaks with Julia Tutt from de Groots about what can happen when family assumptions, verbal promises and estate planning do not match.
The discussion centres on Tarazi v Paras [2026] NSWSC 369, a New South Wales Supreme Court case involving three daughters and a property in Ashbury.
Two of the daughters claimed their father had verbally promised the property to them. However, his will divided the property between all three daughters.
Julia explains why a family understanding or a single conversation may not be enough to establish a legal entitlement to property. She also discusses proprietary estoppel, the importance of documenting significant arrangements and the responsibilities of executors.
The case also provides a warning for executors who delay administering an estate. Ignoring an estate or waiting for time to pass does not remove the obligation to deal with it properly.
- Can a verbal promise determine who receives a property?
- What is proprietary estoppel?
- Why family “lore” can lead to disputes
- Why important arrangements should be documented
- What happens when executors fail to administer an estate
- Whether the eldest child has greater inheritance rights
- How an executor should be chosen
- Why families need to have difficult estate planning conversations
- Do not rely on assumptions, informal conversations or family stories about who will inherit a property.
Have the conversation, obtain proper advice and make sure the intended arrangement is clearly documented.
Tarazi v Paras [2026] NSWSC 369
This podcast provides general information only and does not constitute legal advice. Legal advice should be obtained for individual circumstances.
Listen on: Apple YouTube Music Spotify
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Episode 33: Estrangement and Family Provision
In this episode of the Wills and Estates Podcast, Tony Skinner speaks with Elizabeth Lorimer about estrangement in family provision applications.
Elizabeth explains that estrangement is a factor the court may consider, but it is not an automatic barrier to a claim.
The discussion covers how courts assess need, the difference between estrangement and disentitling conduct, why family provision cases are highly fact-specific, and why simply leaving someone out of a will does not guarantee they cannot make a claim.
The episode also looks at practical considerations for will makers, including the importance of documenting reasons for unequal provision and understanding how courts may treat long-term family breakdowns.
Estrangement can be relevant in a family provision application, but it is only one factor among many. The court will still consider the size of the estate, the applicant’s need, competing claims, and the relationship between the applicant and the deceased.
Elizabeth notes that many family provision applications settle at mediation, particularly in Queensland where mediation is mandatory. Even so, lawyers still need to prepare the case as if it may ultimately be heard by the court.
A central issue in family provision law is whether the applicant has been adequately provided for. The applicant’s financial need is often the critical factor. Without need, the court may not have power to make further provision.
Elizabeth explains that estrangement may involve a long breakdown in the relationship, lack of contact, distance, or family conflict. Disentitling conduct is much more serious and may involve violence, serious theft, abuse, or other gross behaviour.
Elizabeth is clear that there is no foolproof way to exclude a child from making a family provision claim. A child’s eligibility remains, even where there has been long-term estrangement. Leaving a reason in the will or a separate document may help provide context, but it is not a guarantee
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Episode 32: Elder Abuse and the Role of the Solicitor
In this episode of the Wills & Estates Transmission Podcast with de Groots, Tony Skinner speaks with Maree Harris about elder abuse and the important role solicitors can play in identifying warning signs, protecting vulnerable clients, and ensuring estate planning instructions are genuinely coming from the client.
Elder abuse is a growing concern, especially as Australia’s population ages and more families deal with estate planning, powers of attorney, capacity and intergenerational wealth.
Maree explains what elder abuse is, the different forms it can take, and why psychological, emotional and financial abuse are often the most common. She also discusses the importance of meeting elderly clients privately, taking instructions directly from the client, assessing capacity properly, and knowing when warning signs may require further action.
What elder abuse means under the World Health Organisation definition
- The importance of a relationship of trust
- Common forms of elder abuse, including emotional, psychological, financial, physical, sexual abuse and neglect
- Warning signs solicitors should look for when advising elderly clients
- Why solicitors should meet elderly clients alone when taking instructions
- How financial abuse can occur through bank accounts or powers of attorney
- The importance of checking whether an attorney has authority to make gifts or transfer funds
- Capacity assessments and why capacity depends on the decision being made
- The risks of family members giving instructions on behalf of an older person
- Why elderly people may be reluctant to speak up
- The role of education around wills, powers of attorney and enduring guardianship
- What to do if elder abuse is suspected
- The NSW Ageing and Disability Abuse Helpline
If you suspect elder abuse, you can contact the NSW Ageing and Disability Abuse Helpline on 1800 628 221.
Listen on: Apple YouTube Music Spotify
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Episode 31: Planning the inevitable. Who steps in when you’re gone?
In this episode, Julia Tutt discusses the legal and emotional aspects of funerals, burial rights, and organ donation, emphasising the importance of communication and planning for end-of-life arrangements.
Key topics
- Role of executor in funeral arrangements
- Legal distinction between wishes and binding directives
- Importance of discussing end-of-life wishes with family
- Organ donation procedures and legal considerations
- Case study on funeral disputes and court intervention
Listen on: Apple YouTube Music Spotify
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Episode 30: The Importance of Notaries Public
In this podcast episode, Tony interviews Director of de Groots, Margot De Groot AM, about the role and importance of notaries public.
Margot explains what a notary public is, the differences between notaries and justices of the peace, and common misconceptions surrounding notarial services.
She emphasises the trust and fiduciary role of notaries in verifying documents for international use, particularly in estate matters and legal documentation.
The conversation also addresses common questions people have about notaries and provides key takeaways for listeners.
- A notary public is a solicitor with a minimum of 10 years of practice.
- Notaries verify documents for international use, ensuring trust.
- Common reasons for needing a notary include estate matters and academic records.
- Notaries differ from justices of the peace in their legal authority.
- Notaries can perform a variety of roles, including international shipping documentation.
- Personal attendance is required for notarization to verify identity.
- Notaries hold a historical role dating back to the 12th century.
- Public awareness of notaries is limited compared to justices of the peace.
- Each state has a society of notaries with comprehensive resources.
- Understanding the distinction between notaries and JPs is crucial.
Listen on: Apple YouTube Music Spotify
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Episode 29: Marriage Revokes Your Will
In this episode, Tony and Solicitor Isabel Ayoub discuss the critical relationship between marriage and wills, particularly in New South Wales.
They explore how marriage can revoke existing wills unless specific clauses are included, the legal criteria for marriage, and the importance of updating estate planning documents.
The conversation emphasises the need for individuals to consult with estate planning lawyers to ensure their wishes are honoured and to avoid complications that may arise from not updating their wills after significant life events such as marriage or divorce.
- Marriage revokes your will unless made in contemplation of marriage.
- Estate planning is crucial during major life events like marriage.
- Many people neglect to update their wills after marriage.
- Legal criteria for marriage include consent and not being closely related.
- Wills can remain valid if they include specific clauses.
- It’s important to understand the implications of marriage on your estate.
- Consulting an estate planning lawyer is essential for proper guidance.
- Estate planning documents should be regularly reviewed and updated.
- Divorce and annulment have separate legal considerations in estate planning.
- Your estate includes more than just property; it encompasses all assets.
Listen on: Apple YouTube Music Spotify
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Episode 28: Murder is Not an Estate Planning Strategy
This is a lighthearted conversation about a serious topic. We are not aiming to offend.
The conversation with Senior Associate Julia Tutt, delves into the Troja case, where a woman was found guilty of manslaughter for killing her husband.
The discussion highlights the implications of the forfeiture rule, which prevented her from inheriting anything from her husband’s will, redirecting the inheritance to her mother-in-law instead.
Listen on: Apple YouTube Music Spotify
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Special Appearance: The Callover – Succession law with Dr John de Groot AM
Special Appearance: The Callover – Succession law with Dr John de Groot AMOn this episode of The Callover, a Queensland Law Society Future Leaders podcast, Dr John de Groot AM joins Georgia Athanasellis to discuss the importance of succession law, not only for our clients, but also for lawyers.
John talks about his career in law, spanning more than 35 years, during which he has authored textbooks and looseleaf publications, and lectured at the University of Queensland. Appointed as a Member of the Order of Australia in 2024, John was recognised for his significant service to law, tertiary education, and the community.
Listen here: The Callover
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Episode 27: Mental Health in Legal Practice
In this episode of the Wills and Transmissions podcast, host Tony speaks with junior lawyer Isabel Ayoub about the critical issue of mental health in the legal profession.
They discuss the unique pressures faced by junior lawyers, the importance of support systems, and the need for a positive approach to well-being.
Isabel shares insights from her experiences and a recent conference on lawyer well-being, emphasising the need for open conversations about mental health and practical strategies for maintaining it in a high-stress environment.
Listen on: Apple YouTube Music Spotify
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Episode 26: Mitigating Financial Elder Abuse
In this episode of the Wills and Estate Transmission podcast, Senior Associate, Julia Tutt discusses the importance of understanding and properly executing an enduring power of attorney (EPOA) to manage financial affairs during one’s lifetime.
Julia emphasises that EPOAs are crucial for estate planning, especially with the generational wealth transfer underway in Australia.
She advises appointing trustworthy attorneys, preferably more than one to prevent financial elder abuse, and highlights the significance of legal advice to avoid confusion and misuse of the document.
Julia also stresses the importance of open communication within families and staying updated with technological advancements to maintain financial independence and reduce vulnerability.
Listen on: Apple YouTube Music Spotify
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Episode 25: Capacity and Red Flags to look for with Dr John de Groot AM
Continuing the series, in this episode, Tony speaks again with Dr John de Groot AM, Partner and Co-Founder at de Groots Wills & Estate Lawyers, about one of the most important—and often misunderstood—topics in estate planning: capacity.
Capacity issues are increasingly common as our population ages, and they play a critical role in determining whether wills, enduring powers of attorney, and other estate planning documents are valid.
John explains the legal definition of capacity, the “red flags” solicitors need to look out for, and the fine balance between respecting a client’s autonomy and protecting against undue influence or incapacity.
Listen on: Apple YouTube Music Spotify
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Episode 24: AI, the Law & Digital Assets with Dr John de Groot AM
In this episode, we are joined by Dr John de Groot AM, Partner and Co-Founder at de Groots Wills & Estate Lawyers, to explore the growing impact of artificial intelligence on the legal profession and estate planning.
Key Topics Covered:
- AI in Legal Practice – Why relying on AI for court submissions has already caused serious issues, including hallucinated cases and quotes.
- Court Responses – How the NSW Chief Justice now requires affidavits and witness statements to confirm AI was not used.
- Practical Uses of AI – Positive examples of AI in law, from drafting managing director role descriptions to generating detailed executor checklists and even funeral arrangements.
- The Human Factor – Why empathy, sympathy, and the trusted adviser role remain irreplaceable despite AI advancements.
- Fraud & Identity Theft – The rising risks in estate administration, including email scams and beneficiary impersonation, plus practical steps lawyers use to safeguard client funds.
- Digital Assets & Cryptocurrency – Real-world examples of lost digital wealth and why planning for crypto access is now essential in wills.
- Technology & the Courts – How COVID-era changes, such as remote witnessing and electronic filing, continue to shape the legal process.
Listen on: Apple YouTube Music Spotify
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Episode 23: The Art of The Bequest
Tony Skinner and Kate Varcoe discuss the complexities of making bequests, particularly to institutions like the Gallery of Modern Art (GOMA).
Kate, a lawyer and future collective member of QAGOMA, explains the different types of bequests, including pecuniary legacies, specific assets, and residue.
She emphasises the importance of clear communication with bequest officers to ensure funds are used effectively and correctly.
Kate also highlights common issues, such as incorrect beneficiaries or unsuitable assets, and advises on the need for careful consideration and specialist legal advice to avoid administrative and tax complications.
Listen on: Apple YouTube Music Spotify
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Episode 22: Contesting a Will in NSW – What You Need to Know
In this podcast episode, Tony and Maree Harris discuss the intricacies of contesting a will in New South Wales.
They explore the differences between contesting and challenging a will, the role of the Supreme Court, the steps involved in contesting a will, the evidence required for a claim, and the importance of seeking legal advice early in the process.
The conversation emphasises the high likelihood of settling disputes through mediation and the significance of understanding one’s rights and entitlements in estate matters.
Listen on: Apple YouTube Music Spotify
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Episode 21: The Importance of Advance Health Directives (AHDs) Part 2
Dannielle continues the discussion on the importance of and the legally binding effect of Advance Health Directives (AHDs), their role in guiding healthcare decisions, family disputes and the conditions under which they take effect.
An AHD must be witnessed by a justice of the peace or similar to be valid. It can include refusals of life-sustaining treatments under specific conditions, such as terminal illness or persistent vegetative state. The AHD should be stored securely and shared with trusted individuals and healthcare providers.
Legal advice is recommended for those unsure about their directives. Disputes among family members can arise, but the AHD’s decisions must be followed unless contrary to good medical practice.
Listen on: Apple YouTube Music Spotify
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Episode 20: The Importance of Advance Health Directives (AHDs) Part 1
Associate Dannielle Wood from de Groots wills and estate lawyers explains the importance of Advance Health Directives (AHDs) in Australia, which allow individuals to specify their future healthcare wishes and appoint attorneys. There are two types: common law and statutory directives, with legal recognition varying by state. In Queensland, for example, only statutory directives are legally binding.
AHDs differ from Enduring Powers of Attorney, which cover financial matters. They also specify consent or refusal of treatments, including DNR orders and organ donation. If no AHD is in place, healthcare decisions are made by a statutory health attorney, prioritising the spouse, carer, or close friend. Dannielle defines an AHD as a document that allows individuals to express their future healthcare wishes and appoint an attorney to make decisions on their behalf.
Join us for Part 2 where we continue this important discussion.
Listen on: Apple YouTube Music Spotify
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Episode 19: Recording Promises, Loans and Gifts
In this episode, Danni and Jessica emphasise the critical importance of properly documenting financial arrangements, such as gifts and loans, especially within family dynamics. They discuss the potential legal implications of failing to document these arrangements, including the risk of disputes and costly litigation.
Jessica and Danni advocate for engaging specialist estate planners to ensure that these arrangements align with overall estate plans and to mitigate risks associated with undue influence and capacity issues. Highlighting the need for independent legal advice and the importance of clear communication among family members regarding financial intentions.
Listen on: Apple YouTube Music Spotify
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Episode 18: Executor Liabilities and Duties
In this episode, Max Williams explains the intricacies of estate administration following the grant of probate or letters of administration.
Topics include the responsibilities of executors, the process of advertising for claims, the payment of executors, property ownership issues, navigating financial institutions, the superannuation claims process, the continuation of legal actions after death, and considerations for leaving assets to not-for-profit organisations.
The conversation emphasises the importance of seeking legal advice to avoid personal liability and ensure proper administration of the estate.
Listen on: Apple YouTube Music Spotify
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Episode 17: Power of Attorney Special Conditions
In this episode, John De Groot and Rachael Ryan discuss the importance of enduring powers of attorney in estate planning. They highlight the need to appoint trusted individuals who can make decisions on behalf of the person who has lost capacity.
Specific areas that require careful consideration include the care of pets, home care, financial support for family members, and lifestyle preferences. The attorneys should be given clear instructions and authority to ensure that the person’s wishes are carried out. The podcast emphasises the importance of customising enduring powers of attorney to align with the individual’s unique circumstances and preferences.
Listen on: Apple YouTube Music Spotify
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Episode 16: Updating Your Will
The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances.
It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by stressing the value of consulting an estate planning lawyer for comprehensive and legally binding estate planning.
Listen on: Apple YouTube Music Spotify
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Episode 15: Charities
The conversation covers two main themes: leaving specific gifts in an estate and leaving charitable requests in a will. When leaving specific gifts, it is recommended to leave a percentage of the residue rather than a fixed sum of money, as the value of the estate may fluctuate.
Leaving a residuary gift in percentages ensures that the value of the gift adjusts accordingly. The conversation also highlights the importance of correctly identifying charities in the will, as different arms of a charity may have different taxation statuses. It is crucial to reach out to the charity to ensure the correct identification and to discuss any specific gifts that may require special arrangements.
Listen on: Apple YouTube Music Spotify
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Episode 14: Pecuniary Legacies
Emma Nisbet discusses the different types of bequests in estate planning, specifically pecuniary legacies and residuary gifts. She highlights the importance of considering tax implications in estate planning and the complexities of dealing with digital assets, such as cryptocurrencies.
Listen on: Apple YouTube Music Spotify
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Episode 13: Power Of Attorney Disputes
Max Williams highlights the importance of trust when selecting a power of attorney, citing Britney Spears’ conservatorship as an example.
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Episode 12: Power Of Attorney
Power of attorney appoints someone to make decisions on your behalf. We explain the types and differences in power of attorney laws across all states in Australia.
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Episode 11: Mental Capacity and Wills
We touched on an aspect in the last episode about capacity. So, let’s look at that and see what qualifies as capacity. And some illnesses that we think do or don’t affect a people’s capacity.
Listen on: Apple YouTube Music Spotify
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Episode 10: What is a valid Will?
Topics include:
• The proverbial will written on a napkin, is there any way of making that valid?
• What about electronic signatures?
• How does that work?
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Episode 9: Family Provision Costs
Topics include:
• How do the matters work within the court?
• What are the chances of winning?
• How much does it cost to contest a will?
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Episode 8 Family Provision Time Limits
Topics include:
• Are there time limits for contesting a will?
• Would it be worth taking the time pursuing to your Auntie Jones cookbook in an estate because of the costs involved?
Listen on: Apple YouTube Music Spotify
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Episode 7: Family Provision 101
Topics include:
• What actually is contesting a will?
• A further deep dive into who are eligible people to contest.
• What would be a definition of a close personal relationship?
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Episode 6 Personal effects
Topics include:
• Somebody has passed away and there are disputes and fights, What are the options for a resolution?
• Thanks to Hollywood we hear about fights over personal effects. How is that covered in the will? And how can you possibly limit that in a will?
• If you bought a boat, for example, and you haven’t put it in the will, can that make things even more complicated?
Listen on: Apple YouTube Music Spotify
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Episode 5 Executors and Grants
Topics include:
• What is a grant of representation?
• What is the role of the executor?
• Understanding Letters of Administration?
• Are executors paid?
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Episode 4 Burial and cremation disputes
Topics include:
• How to avoid disputes with a well-written will.
• When you tell people you want to be buried or cremated or whichever your wishes may be, that’s not enough.
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Episode 3: Trusts & Super
Topics include:
• Can you appoint a beneficiary as the executor of a will?
• How does a trust work?
Listen on: Apple YouTube Music Spotify
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Episode 2: Estate Planning 101
Topics covered include:
• What does an estate planning lawyer actually do?
• What’s the difference between a will and estate planning?
• When do I need a will?
• Can you really do your own will?
• How often should you update a will?
• Can I leave my estate to my cat?
Listen on: Apple YouTube Music Spotify
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Episode 1: About de Groots. An introduction with Margot and John De Groot
John and Margot explain the company’s history and how they have progressed since 1986.
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