The Question Clients Ask Too Late: “Is This Still Valid?”

Have you ever stopped to ask whether your will or legal documents still protect you after life has changed?

I often meet clients who tell me, “I already have a will,” and they genuinely believe the job is done.

That makes sense — you signed it, stored it away, and moved on with life.

But life doesn’t stand still.

People get married or separated, children are born, properties are bought, relationships change, and priorities shift.

The problem is this: a will can still be legally valid while no longer doing what you actually want.

I’ve seen documents that leave out new children, ignore recently purchased assets, or still benefit people who are no longer part of the family.

These situations don’t happen because people don’t care.

They happen because no one tells you that legal documents don’t automatically update themselves when life changes.

That’s why reviewing your documents matters.

It’s not about rewriting everything from scratch, it’s about checking that what’s written still matches your real life today.

A short review can prevent confusion, family disputes, and unnecessary legal costs down the track.

It can also give you confidence that your wishes will be followed, not questioned.

My role is to spot risks you might not even realise exist and guide you through updating things properly, clearly, and without stress.

If your life has changed, your legal documents should change too.

Waiting until something goes wrong is often when people realise their documents no longer protect them.

If you’re unsure whether your will or legal documents are still valid, now is the right time to review them. If you need help, we’re here at HazeLegal and happy to guide you through it.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions. 

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2026.

Why Your Super Might Not Go Where You Think It Will (Even If You Have a Will)

Have you ever assumed your superannuation will automatically follow your will when you’re gone?

The surprise most people don’t see coming

I often meet clients who are confident their will covers everything, only to be shocked when I explain that superannuation usually sits outside their will altogether.

Why this matters more than people realise

For many Australians, super is one of their biggest assets, and getting this wrong can leave loved ones stressed, disappointed, or even in dispute.

Why I’m telling you this

As a lawyer who deals with estate planning every day, I’ve seen perfectly good wills undone by super being overlooked or misunderstood.

How super actually works when you pass away

Your super fund trustee usually decides who receives your super, unless you’ve taken specific steps to legally direct them.

The common assumption that causes problems

Most people assume their will controls their super, but in reality, your will may have no say at all.

Step 1: Check if you have a binding death benefit nomination

I always tell clients to start by checking whether they have a binding nomination in place with their super fund.

Why a binding nomination matters

A valid binding nomination legally tells the trustee who must receive your super, which removes guesswork and reduces the risk of disputes.

Step 2: Make sure your nomination is still valid

Many nominations expire every three years, and an expired nomination can be treated as if it never existed.

Step 3: Check if your beneficiaries are eligible

Not everyone can legally receive super, so naming someone who doesn’t qualify can derail your intentions.

Step 4: Align your super with your overall estate plan

Your will, super nominations, and life circumstances should work together, not contradict each other.

Step 5: Review your super after life changes

Marriage, separation, new children, or loss of a loved one are all reasons to revisit your super arrangements.

The emotional cost of getting this wrong

When super goes to the wrong person, it’s not just a financial issue, it can permanently damage family relationships.

The good news

Fixing this is usually simple, quick, and far less expensive than sorting it out after you’re gone.

If you’re not sure where your super would go tomorrow, now is the right time to check and fix it.

Your will is important, but it doesn’t control everything, and super is a perfect example of why proper planning matters.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions. 

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2026.

The One Asset People Forget to Put in Their Will (And It’s Usually the Messiest One)

Have you ever wondered why families fall out over things that “aren’t worth much”? By the end of this blog, you’ll know exactly which asset is most often forgotten in a will, why it causes the biggest arguments, and the simple steps you can take now to protect your family from stress, confusion, and unnecessary disputes.

The asset no one thinks about

When people come to see me about a will, they usually talk about the house, the savings, and maybe their super. What they almost never mention are personal belongings. I’m talking about jewellery, sentimental items, family heirlooms, photos, collections, and even things like tools or artwork. These are often the messiest assets because they come with memories, emotions, and expectations that money doesn’t.

Why this causes so many family fights?

I’ve seen families fall apart over items that have very little dollar value but huge emotional weight. One person assumes they’ll get Mum’s wedding ring. Another thinks Dad promised them the guitar. When nothing is written down, everyone remembers the story differently. That’s when confusion turns into resentment, and resentment turns into disputes that could have been avoided.

Why people forget this asset?

Most people don’t forget on purpose. They assume personal items will “sort themselves out” or that their executor will handle it fairly. The problem is, executors can’t read minds. Without clear instructions, they’re left guessing, and guessing is dangerous when emotions are high.

The real risk of leaving it vague

If personal items aren’t dealt with clearly, they can delay the estate administration and create lasting damage between family members. I’ve acted in matters where relationships never recovered, all because no one took five extra minutes to write down who should receive what.

Simple steps to avoid the mess

1. Start by making a list of items that matter, not just financially, but emotionally.

2. Be clear about who should receive each item and why, if it helps explain your choice.

3. Update the list if circumstances change, such as relationships, marriages, or falling out.

4. Make sure your will properly refers to how these items are to be distributed, so your executor has clear authority to follow your wishes.

Why this matters more than you think

A well-drafted will isn’t just about dividing assets. It’s about protecting the people you leave behind. When your instructions are clear, you remove doubt, reduce stress, and give your family the chance to grieve without fighting.

When people ask me what makes a “good” will, I always say clarity. The assets people forget are often the ones that matter the most to those left behind.

It’s not about the value of the item, it’s about the value of peace.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions. 

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2026.

Estate Planning for Same-Sex Spouses

I know this topic matters because when I advise same-sex couples I see the same worries again and again: will my partner be recognised, will my kids be safe, who gets the super and these are fixable with the right documents.

Let me start bluntly: being married helps, but it doesn’t solve everything — marriage often makes some legal processes smoother, but your will, powers of attorney and super nominations still need attention. There isn’t always certainty as to when someone is in a de facto relationship or not. So it’s time to make things certain for yourself and make your wishes clear.

First, get a valid will that names each other clearly, accounts for children (including step or donor-conceived kids) and spells out guardianship wishes if you have minors.

Second, review superannuation and any binding death nominations because super funds don’t always pay benefits the same way as a will directs, and you can lose control if nominations lapse.

Third, put enduring powers of attorney and advance health directives in place so your spouse or partner can manage money and medical decisions if you can’t, going to court is expensive and slow, and it’s avoidable.

If you have children, check parental orders, donor conception records, or adoption paperwork so the legal parentage is clear; otherwise disputes or delays can hurt the kids at an awful time.

Think about blended family issues and stepchildren: use trusts or clear testamentary trusts if you want to protect a surviving spouse while ultimately leaving assets to children from a previous relationship.

If either of you has children overseas, property abroad, or family in another country, get specialist advice because recognition of same-sex marriage and parentage can vary widely in different jurisdictions.

Don’t forget practical steps: review beneficiary forms on bank accounts, insurance, and super; ensure passwords and digital assets are documented; and keep copies of key documents in a safe, accessible place.

I help couples draft simple, usable documents that work in the real world — not just legalese on a page — and I’ll explain the trade-offs in language you actually understand.

My purpose here is simple: give you a checklist so you can protect each other, your children and your legacy without the usual stress and legal surprises.

You don’t have to be wealthy to need good estate planning, clarity and care are what protect families, and getting it right brings peace of mind.

Don’t leave your family to chance: tighten your documents now and rest easy knowing your wishes will be followed.

If you need help, we're here at WebWills.

DISCLAIMER

This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions.

HazeLegal works closely with our sister company, WebWills, to bring you these resources.

© HazeLegal, Australia 2026.

Would You Want Your Spouse to Remarry After You Die?

Talking about what happens after we pass away is never easy, but it’s a conversation worth having—especially when it comes to our loved ones. One of the more difficult questions in these discussions is whether you'd want your spouse to remarry after you're gone. It’s an incredibly personal issue with no right or wrong answer. However, thinking it through can help bring some clarity. Let’s break it down by considering five key questions that might guide your reflections.

I remember one particular conversation I had with a client named Beth. When she was diagnosed with a life-threatening illness, she came to see me, and amidst all the practicalities, she suddenly asked, "Do you think I should tell my husband to remarry if I pass away?" It was a heartbreaking question, but it’s one that many of us face in different forms. Beth, like so many others, wanted to make sure her husband would be looked after—but it also brought up feelings she hadn’t expected.

1. How Does Your Spouse’s Happiness Factor In?

When you love someone, their happiness is usually your top priority. Would it comfort you that your spouse could find happiness again, even with someone else? Beth shared with me how much she loved her husband and how she never wanted him to feel alone. "But I don’t know if I could bear the thought of him with someone else," she said. It’s a common feeling. Some people comfort themselves knowing their partner could find love again, while others find the thought unsettling.

2. What Would You Want for Yourself?

It can help to flip the scenario. If you were the one left behind, how would you feel about remarrying? This perspective might give you some insight into your values and how you’d want your spouse to approach this sensitive issue. Beth told me she couldn’t imagine moving on from her husband, but at the same time, she didn’t want him to feel like he couldn’t live his life fully if she passed away.

3. The Role of Time and Grief

Grief takes time, and your spouse would likely need a period of healing before even considering another relationship. Would you feel comfortable with them remarrying after a certain amount of time, or does the idea of them moving on at all feel difficult to accept? When Beth and I talked through this, she admitted that it wasn’t just the idea of remarriage that was hard—it was the timing. “I’d want him to be happy,” she said, “but maybe not right away.”

4. Children and Family Considerations

If you have children, their well-being will likely play a significant role in this discussion. Would your spouse remarrying affect the family dynamics? Would a new partner bring additional support, or could it complicate things emotionally for the children? Beth was particularly concerned about how her children might react if their father ever remarried. “Would it be good for them to have someone else in their lives?” she wondered. It’s an important question that many parents grapple with.

5. Personal and Cultural Beliefs

Lastly, your personal or cultural values may shape how you feel about remarriage after death. In some cultures, remarrying is encouraged, while in others, it’s less accepted. Reflecting on your beliefs, and perhaps discussing them with your spouse, can help you find peace with whatever decision feels right for you. Beth shared how her upbringing played a part in her internal conflict. “My mother never remarried after my dad passed,” she told me, “and I always admired that. But maybe times have changed.”

Deciding how you feel about your spouse remarrying after you're gone is deeply personal, and there’s no one-size-fits-all answer. These questions are just a starting point to reflect on what feels right for you and your loved ones. If this is something you want to discuss further—either with your spouse or as part of your estate planning—I’m here to help. Having these conversations now can bring clarity and peace of mind.

Feel free to reach out to me at (03) 9028 7603 or drop me an email at info@hazelegal.com.au. Let’s talk about how to bring comfort and security to those you love.

DISCLAIMER

This is a commentary published by HazeLegal for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://hazelegal.com.au before making any final decision. The content also is subject to change. A   person listed may not be admitted as a lawyer in all States and Territories.

© HazeLegal, Australia 2024.