Estate planning Brighton — wills, trusts and protecting your family's future

Brighton estates are usually the product of decades of careful work — a family home that's been the centre of life for years, a family business or professional practice, investments, sometimes a holiday house. Many Brighton families also include adult children from earlier relationships, grandchildren in private schools, and the kind of generational wealth that has to be passed on thoughtfully. The point of estate planning isn't morbid — it's making sure the people you love aren't left arguing about what you would have wanted.

At a glance — estate planning in Brighton

Why Brighton families need more than a basic will

The classic Brighton story: a long marriage, two or three adult children, a long-held family home now worth several million dollars, a successful career or business, and the desire to be fair to everyone without setting them up to argue. Add in a second marriage and adult step-children, and the complexity multiplies fast.

A "simple" will in this situation often fails the people it's meant to protect. The home is jointly owned and passes by survivorship to a spouse, the super passes by death-benefit nomination, the business shares pass via a buy-sell agreement (or, badly, nowhere) — and the will only ends up controlling whatever's left. Add adult children with standing to bring a Family Provision claim under Part IV of the Administration and Probate Act 1958 (Vic), and the cost of getting it wrong is real.

We draft estate plans that account for all of it — not just the will.

What we cover

• Carefully drafted wills, including specific bequests, residue, executor and trustee appointments, and (where relevant) guardianship for minor children or grandchildren.
• Testamentary trusts — protecting beneficiaries from divorce, bankruptcy, or just from receiving too much too young; income to minors is taxed at adult rates inside a testamentary trust which is tax-effective for families with school-aged grandchildren.
• Family-provision planning for blended families — adult children, step-children, second spouses. We map who has standing and design the estate around realistic risk, often documented with a statement of wishes that survives the testator.
• Business succession — coordinating buy-sell agreements, shareholders' agreements, professional-practice service-entity structures and the will into a coherent plan.
• SMSF death benefits — properly executed binding nominations, reversionary pensions where appropriate, and avoiding the common trap of contradictory documents.
• Enduring Power of Attorney and Medical Treatment Decision Maker documents — the documents that protect you while you're still alive but no longer able to make decisions.
• Charitable bequests — to community organisations, schools, hospitals, foundations.

When Brighton clients usually call us

• A spouse has been diagnosed with a serious illness and the family wants the estate in order before treatment.
• The youngest child has just left private school and the parents are reassessing the whole financial picture.
• A second marriage is on the horizon and there are adult children to think about.
• A long-held family business is being sold and the proceeds need a structure that works for the next generation.
• An ageing parent in Brighton is starting to lose capacity and the family needs to act now on Powers of Attorney.

Frequently asked questions

Do I really need a lawyer to draft a will, or is a DIY kit enough?

For straightforward small estates a kit can technically work, but the cost of getting it wrong is enormous — invalid execution, ambiguous wording, missed superannuation, missed family-provision risk. For most families in Brighton, where there are real assets, blended-family considerations or a business, paying a lawyer once costs less than what a contested estate or a probate dispute will eventually cost the people you love.

What's a testamentary trust and do I need one?

A testamentary trust is a trust created by your will that holds your estate for the benefit of your beneficiaries (often your children or grandchildren). The main benefits are tax effectiveness (income to minors is taxed at adult rates inside a testamentary trust), asset protection (the assets are not personally held by the beneficiary so they're harder to lose in divorce or bankruptcy), and control (you can stage when beneficiaries receive capital). It's not for everyone — but for families with reasonable wealth or business interests, it's often worth the additional drafting cost.

How often should I update my will?

Update it when life materially changes: a separation or divorce, a new partner, a child or grandchild born, a death of a named beneficiary or executor, a significant change in assets (buying a business, selling the family home), a move interstate or overseas. As a general rule, if you can't remember when you last looked at your will, it's probably time.

What's a Family Provision claim and why does it matter to my estate plan?

Under Part IV of the Administration and Probate Act 1958 (Vic), certain people (children — adult and minor, a spouse, a former spouse in some cases, a dependent) can challenge a will on the basis that adequate provision wasn't made for their proper maintenance and support. The Court can re-order the estate. Good estate planning anticipates this — we identify who has standing, what the realistic claim risk is, and structure the estate (often via testamentary trust, sometimes with statements of wishes, sometimes with inter vivos gifts during life) to minimise the disruption.

Should I appoint a professional executor or a family member?

It depends on the complexity. A family member who is organised and on good terms with the other beneficiaries is often the right choice for straightforward estates. For complex estates — business interests, blended families, beneficiaries who don't get along, significant philanthropic bequests, or assets in multiple jurisdictions — a professional executor (a solicitor or a trustee company) takes the burden off the family and provides neutrality. We can discuss the right choice for your circumstances.

What's an Enduring Power of Attorney and a Medical Treatment Decision Maker — and do I need them?

Yes. A will only operates after you die. An Enduring Power of Attorney (financial and/or personal) appoints someone to make decisions for you if you lose capacity. A Medical Treatment Decision Maker (under the Medical Treatment Planning and Decisions Act 2016 (Vic)) appoints someone to make medical decisions. Without these, your family may need to apply to VCAT for an administration or guardianship order — which is slow, public and stressful. Putting both in place at the same time as your will is straightforward and brings real peace of mind.

My adult children don't get on. How do I stop a fight over the estate?

You can't fully prevent disagreement, but you can substantially reduce the risk. The combination of (1) a clearly drafted will with sensible executor appointments — sometimes a professional executor for neutrality, (2) a testamentary trust to stage distributions, (3) a statement of wishes documenting your reasoning, and (4) where appropriate, inter vivos gifts during your lifetime, dramatically reduces the chance of a costly Part IV dispute. We've drafted estates in exactly this situation and have a clear playbook for it.

Can I leave the family home to my second spouse and the remainder to my adult children?

Yes — a life-interest or right-of-residence in the family home for a second spouse, with the capital passing to children from a prior marriage on the spouse's death, is a classic Brighton structure. It needs careful drafting (the rules around outgoings, sale, downsizing, and rebuilding all need to be spelled out) and a candid conversation with both your spouse and your children, but it works well when done properly.