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The Wills and Estates Transmission

The Wills and Estates Transmission

Hosted by de Groots Wills and Estate Lawyers

Episodes

32

Latest episode

May 2026

Language

EN-AU

About the show

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

Listen to episodes

32 recent
May 25, 202617 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 and financial abuse are often the most common. She also discusses the importance of meeting elderly clients privately, taking instructions directly from the client, assessing capacity properly, and knowing when warning signs may require further action.If you suspect elder abuse, you can contact the NSW Ageing and Disability Abuse Helpline on 1800 628 221.What elder abuse means under the World Health Organization definitionThe importance of a relationship of trustCommon forms of elder abuse, including emotional, psychological, financial, physical, sexual abuse and neglectWarning signs solicitors should look for when advising elderly clientsWhy solicitors should meet elderly clients alone when taking instructionsHow financial abuse can occur through bank accounts or powers of attorneyThe importance of checking whether an attorney has authority to make gifts or transfer fundsCapacity assessments and why capacity depends on the decision being madeThe risks of family members giving instructions on behalf of an older personWhy elderly people may be reluctant to speak upThe role of education around wills, powers of attorney and enduring guardianshipWhat to do if elder abuse is suspectedThe NSW Ageing and Disability Abuse HelplineNSW Ageing and Disability Abuse Helpline1800 628 221

April 20, 202614 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 topicsRole of executor in funeral arrangementsLegal distinction between wishes and binding directivesImportance of discussing end-of-life wishes with familyOrgan donation procedures and legal considerationsCase study on funeral disputes and court intervention

March 18, 202613 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.takeawaysA notary public is a solicitor with a minimum of 10 years of practice.Notaries verify documents for international use, ensuring trust.Common reasons for needing a notary include estate matters and academic records.Notaries differ from justices of the peace in their legal authority.Notaries can perform a variety of roles, including international shipping documentation.Personal attendance is required for notarization to verify identity.Notaries hold a historical role dating back to the 12th century.Public awareness of notaries is limited compared to justices of the peace.Each state has a society of notaries with comprehensive resources.Understanding the distinction between notaries and JPs is crucial.

February 24, 202612 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 will unless made in contemplation of marriage.Estate planning is crucial during major life events like marriage.Many people neglect to update their wills after marriage.Legal criteria for marriage include consent and not being closely related.Wills can remain valid if they include specific clauses.It's important to understand the implications of marriage on your estate.Consulting an estate planning lawyer is essential for proper guidance.Estate planning documents should be regularly reviewed and updated.Divorce and annulment have separate legal considerations in estate planning.Your estate includes more than just property; it encompasses all assets.

December 18, 202516 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.

October 26, 202515 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.

October 16, 202526 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 open communication within families and staying updated with technological advancements to maintain financial independence and reduce vulnerability.

September 16, 202513 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 incapacity.

September 4, 202510 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 generating detailed executor checklists and even funeral arrangements. The Human FactorWhy empathy, sympathy, and the trusted adviser role remain irreplaceable despite AI advancements. Fraud & Identity Theft The rising risks in estate administration, including email scams and beneficiary impersonation, plus practical steps lawyers use to safeguard client funds. Digital Assets & Cryptocurrency Real-world examples of lost digital wealth and why planning for crypto access is now essential in wills. Technology & the Courts How COVID-era changes, such as remote witnessing and electronic filing, continue to shape the legal process.

July 30, 202515 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 avoid administrative and tax complications.

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