Your estate is the total of everything you own, including money, assets, investments, property and debts. Your will is the documentation that outlines what you want to happen to all of those things when you die. Whilst a will is an important tool, estate planning is about so much more than just making a will. […]

Including a Discretionary Testamentary Trust in your will offers your beneficiaries more choice about how they receive their gift, whilst providing significant asset protection and tax advantages. Yet many people are unaware the process is as simple as setting up the ‘rules of the trust’ as part of their estate planning. How does a Testamentary […]

A Grant of Probate is recognition from the Supreme Court that a will is valid and that the person or people named in the Grant are authorised to deal with the estate. If the deceased doesn’t have a will an application for a Grant of Letters of Administration can be applied for by a lawyer […]

An executor is the person (or people) nominated by a willmaker responsible for managing distribution of assets and carrying out directions when someone passes away. Below is a step-by-step guide of the duties of an executor.  1. Decide if you wish to take on the role of executor Being an executor is not just an […]

If you’re waiting until life settles down or you get all your ducks in a row before doing an estate plan. Chances are high you’ll die waiting. There’s no perfect time to write your will – except right now. Life has a way of turning out different to what we imagine. We see it all […]

When completing the paperwork for a death certificate an innocent mistake, oversight, or incorrect information can have bigger consequences than you may think. When someone dies in South Australia, the funeral director will normally register their death with Births, Deaths and Marriages on behalf of the person’s family or friends. Deaths need to be registered […]

As a business owner it’s vital you adequately plan for the future of your business and that means making sure your assets and operations are looked after if you become unwell, have an accident or die. Estate planning isn’t a nice to have for business owners. It’s an essential piece of equipment in your business […]

Using your will to name, shame or punish people who haven’t lived up to your expectations during your lifetime is cruel, heartless, and more often than not punishes the people you’re trying to reward as much as those you’re trying to write out. Even if you write a letter explaining why. There aren’t many people […]

It’s Christmas. Your family are gathered together for the first time in months. Maybe years. You’ve exhausted polite conversation about the weather, politics and the cost of the Christmas roast. It seems like the perfect opportunity to have The Conversation, whilst you have a captive audience. Whether you want to have a conversation with your […]

So you’re trying to pull your death team together and you can’t figure out which bib (or gurnsey or badge) everyone gets…? We’ve pulled together a handy estate planning glossary so you can sort your PAs from your SBs. When it comes to your death team its important to understand which job is going to […]

So you’ve been asked to write a eulogy for a funeral or memorial. Before you launch into a CV that covers birth to death and everything in between we got together with a professional writer for a few tips on writing a great memorial speech. “Stories are the most powerful way to share values, connections […]

“No matter what happens, I don’t think it can hurt or be any worse than leaving your family to seek solutions to avoidable problems.” A friend recently told me she’d decided to put her big girl pants on and have a conversation with her widowed mother about being named a co-executor of her mum’s estate. […]

Leaving a donation to a charity through a bequest in your will is a powerful way to make a positive difference to a cause you believe strongly in or as a way of recognising the service they may have provided you or your family. But is it as simple as Free Wills Week would have […]

Fiona Shilton has been awarded the SA Woman Emerging Business Woman award in recognition for her work changing the conversation around death, wills, and estate planning and creating a legal practice that focuses on kindness, care, and bravery. “We can only live our lives as fully as possible even if it is based on a […]

Sole Trader; does it feel like you can’t separate yourself from your job? When it comes to the law you and your job are entirely inseparable. Which might not be in your best interest. When it comes to the law there is no distinction between you and your sole trade business. Being a sole trader […]

I’m not in the business of judging you for your urge to collect things. No matter how weird and wonderful it might be; autographs, radios, kettles, antique brooches, kewpie dolls or the more standard fare of stamps, artworks and coins. “I’ve never met anyone yet who isn’t deeply emotionally connected to their collections.” When it […]

If I had a dollar for every client who has asked me to “Please just write my will in plain English Fiona,” I’d have a few extra dollars a week to run through my accounting system.   “Whilst the language your will is written in doesn’t need to be decipherable to the untrained eye, the language […]

Are safe deposit boxes all they’re cracked up to be?  When it comes to hiding valuables I’ve heard it all; tin cans of cash buried in the backyard, diamonds stitched into the curtain hems, illegal items not just under the mattress but in the mattress. Everyone wants to keep their treasures safe.  “End-of-life wishes and […]

The world is full of people walking around feeling confident they’re winning at Adulting because they think they have a good will, when in actual fact they don’t.  Discover why being strong willed isn’t just about the piece of paper and how you can muscle up and make your will do the heavy lifting. “Good […]

When you wrote your will, chances are you thought it was a once-and-done event. But updating your will is something you should do when ever life changes or throws a curve ball. Nobody wants to think they might die tomorrow but your will should always reflect what life looks like ‘right now’, not in some […]

What would your life look like if you couldn’t help your child or make decisions on their behalf when they really need you to?  Many parents are shocked to discover once their young person turns 18 they are legally no longer able to step in as a substitue decision maker if they became unwell or […]

Brendan died of a massive heart attack in May 2021.  He was 51 years old.  He left behind adult children, an ex-wife and his partner of 4-years Cherie. This is Cherie’s story. “Just when I didn’t think I would find true love and a forever partner Brendan walked out the door towards me and I […]

Destination Final You’ve decided to be cremated but you figure your loved ones can decide where they’d prefer your final resting place to be.  That would be the most caring thing to do right?  Maybe not. When faced with a menu of Goodbye options families often struggle to make the decision about where to scatter […]

Online Wills and DIY Will Kits have long been heralded as a saviour for the time-poor (or just poor in general).  But are they all they’re cracked up to be? Everything you need to know before you DIY your will. I often get asked what I think of DIY wills.  I used to be too […]

Become your kids Guardian Angel. Appointing a Testamentary Guardian in your will enables you to have control over who you want to make decisions on your behalf if you are no longer able to look after your children. Like many parents, my kids are my world. I was lucky enough to get five of them, […]

  Time and kindness.     This is the story about the woman who helped me become a lawyer. The woman who showed me the work I do in estate planning is a valuable and vital gift to my community. Earlier this year the death of my Nana hit me hard. She was one of the […]

My estate plan is a constant work in progress. Which is what makes it good! My estate plan is a constant work in progress.  Not because I don’t have my s**t in a pile but because I don’t want to just leave a will.  I want to leave a good will. A good will plans […]

When it comes to estate planning, people deserve better.  You deserve better. If you’re anything like me, perfectionism can stop you from getting things done.  Getting your roots touched up, folding your laundry, getting that box of stuff out of your boot and into the op shop.  Or doing your estate planning. I get worried […]