Podcast · Business

The Wills and Estates Transmission

by de Groots Wills and Estate Lawyers · English · Business

The Wills and Estates transmission podcast brought to you by de Groots, specialist Wills and Estate lawyers

New episodes: Monthly
Typical length: 14 min
Latest: 13 Oct 2026
Language: English

Latest episode

13 Oct 2026 · 18 minNew

Episode 36: Testamentary Trusts: Tax Changes and the Need for Flexibility

In this episode of the Wills and Estates Transmission Podcast , Tony speaks with Rachael Ryan from de Groots about discretionary testamentary trusts and how proposed tax changes have affected estate planning. Rachael explains what a testamentary trust is, how it differs from a discretionary family trust established during someone's lifetime, and why testamentary trusts have traditionally offered both asset protection and potential tax advantages. The discussion looks at the Federal Government's proposed changes to the taxation of discretionary trusts and the uncertainty initially created…

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Earlier episodes 29 most recent

17 Aug 2026 · 17 min
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…
2 Aug 2026 · 15 min
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…
29 Jun 2026 · 20 min
Episode 33: Estrangement and Family Provision
In this episode of De Groots with DeGroots , 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…
25 May 2026 · 17 min
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…
20 Apr 2026 · 14 min
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
18 Mar 2026 · 14 min
Episode 30: The Importance of Notaries Public
In this podcast episode, Tony interviews Margot De Groot 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.takeaways A notary public is a solicitor with a minimum of…
24 Feb 2026 · 12 min
Episode 29: Marriage Revokes Your Will
In this episode, Tony and 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 honored and to avoid complications that may arise from not updating their wills after significant life events such as marriage or divorce. Marriage revokes your…
18 Dec 2025 · 16 min
Episode 28: Murder is not an estate planning strategy
This is a lighhearted conversation about a serious topic. We are not aiming to offend. The conversation 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.
26 Oct 2025 · 15 min
Episode 27: Mental Health for Lawyers
In this episode of the Wills and Transmissions podcast, hostTony 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.
16 Oct 2025 · 27 min
Episode 26: Mitigating Financial Elder Abuse
In this episode of the Wills and Estate Transmission podcast, 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…
16 Sep 2025 · 13 min
Episode 25: Capacity and Red Flags to look for With John de Groot
Continuing the series, in this episode, Tony speaks again with John de Groot, Partner at de Groots, 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…
4 Sep 2025 · 11 min
Episode 24: AI, the Law & Digital Assets with John de Groot
In this episode, we are joined by John de Groot, Partner and Co-Founder at de Groots Wills & Estate Lawyers, to explore the growing impact of artificial intelligence on thelegal profession and estate planning. Key TopicsCovered: AI in LegalPractice – 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 ofAI – Positive examples of AI in law, from drafting managing director role descriptions to…
30 Jul 2025 · 16 min
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…
24 Jun 2025 · 23 min
Episode 22: Contesting a Will in NSW what you need to know
In this podcast episode, Tony and Maree Harris discuss theintricacies of contesting a will in New South Wales. They explore the differences between contesting andchallenging 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 settlingdisputes through mediation and the significance of understanding one's rights and entitlements in estate matters.
21 Apr 2025 · 23 min
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 Advanced 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 the…
13 Apr 2025 · 14 min
Episode 20: The importance of Advance Health Directives (AHDs) Part 1
Dannielle from de Groots Wills and Estates 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…
3 Dec 2024 · 18 min
Episode 19: Recording Promises, Loans and Gifts
Danni and Jessica emphasises 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…
21 Nov 2024 · 21 min
Episode 18: Executor Liabilities and Duties
In this episode of the Wills and Estates Transmission Podcast, Tony Skinner and Max Williams discuss the intricacies of estate administration following the grant of probate or letters of administration. They cover essential topics such as 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…
23 Oct 2024 · 20 min
Episode 17: Power of Attorney Special Conditions
Tony Skinner welcomes listeners and introduces John de Groot and Rachael Ryan. John de Groot explains the importance of enduring powers of attorney in estate planning. John highlights that enduring powers of attorney continue to be effective even if the principal loses capacity. Rachael Ryan emphasizes the importance of appointing trustworthy attorneys who can make decisions in the principal's best interests. Rachael discusses the need for attorneys to have the necessary skills to handle the principal's affairs. Rachael mentions the importance of providing specific guidance and direction to…
5 Aug 2024 · 12 min
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…
18 Jun 2024 · 11 min
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…
15 Apr 2024 · 12 min
Episode 14: Pecuniary Legacies
Tony Skinner welcomes Emma Nisbet introduces the topic of pecuniary legacies and residuary gifts. Emma explains that pecuniary legacies involve specific gifts of money, such as leaving a sum to a friend or family member. Residuary gifts are the remaining estate after all specific gifts and pecuniary legacies have been distributed. Tony Skinner inquires if allowances for pecuniary legacies are always necessary. Emma clarifies that it depends on the will maker's intentions; not all wills require such allowances. Emma elaborates on specific gifts, which can include items like artwork, property,…
20 Feb 2024 · 10 min
Episode 13: Power Of Attorney Disputes
Max discusses the potential consequences of not appointing one's own power of attorney, highlighting the difficulty of removing someone once they are in the role. Tony Skinner inquires about the possibility of appointing multiple attorneys, prompting a discussion on the pros and cons of joint and successive appointments. Appointing Multiple Attorneys and Their Operational Considerations Max explains the considerations when appointing multiple attorneys, including whether they should act together or successively. He emphasizes the importance of appointing a successor in case both primary…
16 Jan 2024 · 11 min
Episode 12: Power Of Attorney
Max Williams and Tony discuss the concept of a power of attorney, highlighting its importance in appointing someone to manage financial and personal decisions in case of incapacity. They explain that powers of attorney vary by state, with New South Wales having separate documents for financial and personal matters, while Queensland and Victoria combine them. They differentiate between general and enduring powers of attorney, emphasizing the need for the attorney to have good character, competency, and capacity. Pointed out is the importance of consulting a solicitor to ensure the document is…
29 Nov 2023 · 11 min
Episode 11: Mental Capacity and Wills
Max introduces the podcast and welcomes Tony Skinner back to the channel. Tony mentions a TV show, "Mother and Son," that humorously explores capacity issues. Max discusses the character Maggie from the show, who might have dementia, highlighting the uncertainty in real-life cases. The conversation shifts to the legal and medical aspects of determining capacity for making a will. Legal and Medical Determination of Capacity Max explains that the court, not the lawyer or doctor, determines capacity for making a will. He outlines the legal test for testamentary capacity, including understanding…
16 Nov 2023 · 9 min
Episode 10: What is a valid Will?
Validity Requirements for a Will Max explains that a valid will must meet two main requirements: formal validity and essential validity. Formal validity requires the will to be in writing, signed by the person making the will, and witnessed by two people who saw the person sign the will. Essential validity involves the person making the will having the capacity to do so and knowing and approving the contents of the will. Tony Skinner asks about the validity of a will made on a napkin, and Max explains that while it can be valid, it must comply with formal validity requirements. Informal…
26 Oct 2023 · 14 min
Episode 9: Family Provision Costs
Tony Skinner and Marie discuss the Supreme Court of New South Wales, where all claims are lodged. Marie explains the process of commencing proceedings by filing a summons, affidavit, cost affidavit, and a notice of eligible persons. Tony inquires about the court proceedings, and Marie outlines the typical timeline, including a directions hearing within 28 days. Mediation is compulsory in this area of law, and 90-95% of matters settle at mediation, with only a small percentage going to a court hearing. Mediation and Court Hearings Marie emphasizes the benefits of mediation over court…
19 Oct 2023 · 6 min
Episode 8 Family Provision Time Limits
Tony Skinner asks Maree about time limits for contesting a will. Marie explains that time limits vary by state, with New South Wales having a 12-month period from the date of death. If a will is not contested within this time, an out-of-time application can be made with court leave or the other party's consent. Factors Affecting Court Decisions on Time Limits Tony inquires about the likelihood of courts favoring late applications due to overseas residents being unaware of the deceased's passing. Maree states that court decisions depend on the case, and late applications require sufficient…
26 Sep 2023 · 8 min
Episode 7: Family Provision 101
Max introduces the podcast and welcomes Marie Harris, the guest expert. Tony Skinner explains the focus of the episode: contesting a will in New South Wales. Marie defines contesting a will as an application for further provision from an estate for maintenance, education, or advancement in life. Marie clarifies that contesting a will is different from challenging a will, which involves other types of claims. Tony asks about the eligible people to contest a will. Marie explains that eligibility varies by state, with New South Wales' criteria set out in the Succession Act. Eligible people in…

About The Wills and Estates Transmission

The Wills and Estates transmission podcast brought to you by de Groots, specialist Wills and Estate lawyers

The Wills and Estates Transmission is a English business podcast from de Groots Wills and Estate Lawyers. Melo plays each episode straight from the publisher's own feed — no ads added, no account needed — and remembers where you stopped, in this browser only.

Publisher: de Groots Wills and Estate Lawyers
Language: English
Category: Business
New episodes: Monthly
Typical length: 14 min
Latest episode: 13 Oct 2026
Feed: RSS — paste into any podcast app
Apple Podcasts: podcasts.apple.com/podcast/id1694416210
Rights: de Groots Wills and Estate Lawyers

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