The Federal Government’s new Division 296 tax regime, which commenced on 1 July 2026, represents one of the most significant changes to the taxation of superannuation in recent years. While the rules are aimed at individuals with very large superannuation balances, their impact will be felt most acutely by members of self-managed superannuation funds (SMSFs), particularly those holding property, private investments and other assets that can be difficult to value.
Byline: Ashwin Reddy
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A collection of articles, case studies and media releases highlighting the latest in legal news and at Rigby Cooke Lawyers.
Risks of DIY Will kits — save now but your Estate may have to pay later
Case note: Sorati & Anor v Sorati [2025] QSC 14
Preparing a Will can seem like one of life’s administrative burdens. For many, the easiest and cheapest solution to deal with that burden is to download an ‘off the shelf’ Will template or a Will Kit you can purchase at the post office or newsagency.
This might seem like a cheap and effective outcome now, but beware of the risks as it could significantly increase legal and other costs for your Estate, or be the cause of disputes between family members, resulting in an irretrievable relationship breakdown.
Show me the money — Executors be wary of making distributions to beneficiaries in haste
Case note: Re Estate of Hagendorfer (Injunction) [2024] VSC 482
The Supreme Court of Victoria’s decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (Hagendorfer) highlights the importance for executors and administrators to exercise caution before distributing an estate, having granted an injunction which effectively froze funds distributed early, pending the determination of a claim against the estate.
Binding death benefit nominations – when is the end of a de facto relationship considered the end?
Case note: Nguyen v Australian Financial Complaints Authority (2024) FCAFC 77
The Federal Court’s recent Full Court decision in Nguyen v Australian Financial Complaints Authority (2024) FCAFC 77 (Nguyen v AFCA) should be a timely reminder to review and update your estate planning documents in the event of a de facto relationship coming to an end.
Digital statutory declarations look set to become permanent
Yesterday, the federal government introduced the Statutory Declarations Amendment Bill 2023 (the Bill) to make permanent the use of digital execution — electronic signatures and video-link witnessing — in place of the traditional ink and paper.