Australia is heading into the biggest intergenerational wealth transfer in history — up to $224 billion a year by 2050.
But alongside that comes a surge in family provision claims, will disputes, and “no win, no fee” lawyers hunting estates like it’s open season. Add vulnerable family homes, unprepared sole director companies, and collapsing small businesses — and suddenly, family wealth becomes easy prey.
Most trusts weren’t built to protect wealth. They were built to reduce tax. That’s like bringing a wooden shield to a drone war.
Now’s the time to modernise. Build structures that protect across generations, seek legal and financial advice that stays ten steps ahead, and avoid in-house shortcuts or one-size-fits-all wills.
Because when it comes to your legacy, the cost of doing nothing is letting someone else’s lawyer spend it for you.
Real-world Lessons from the Courts
In Curtis v Curtis [2024], two grandsons challenged their grandfather’s will, arguing they’d been unfairly left out. The court found they hadn’t been financially dependent and overturned their claim. It’s a clear example that moral expectation alone isn’t enough — evidence and genuine financial need matter.
In Mimi Milaka v Public Trustee [2023], a daughter successfully argued for further provision despite being estranged from her late father. Her claim succeeded because she could show genuine hardship and need. It’s a reminder that even strained relationships can’t erase a parent’s moral duty in the eyes of the law.
In Lawrence v Martin [2022], a de facto partner claimed against the estate after being excluded from the will. The court ruled in her favour, recognising her years of contribution and care. The outcome shows how informal arrangements and lack of proper documentation can leave estates wide open to dispute.
Each case underscores the same truth: the law prioritises fairness and dependency over intent. If your documents aren’t clear and your structures aren’t built for protection, your estate becomes vulnerable to challenge.
Learn the Foundations
For anyone unsure where to begin, our Estate Planning introductory video series explains the fundamentals in plain English — how wills, powers of attorney, trusts and super interact, and where most plans fail.
Understanding these basics is the first step to protecting what you’ve built — and ensuring it reaches the people you choose, not those who fight for it later.
Protect what you’ve built.
Contact mieke@freedomffs.com.au to review or upgrade your estate plan today.