The parenting task no one talks about but every family needs
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You’ve worked hard to build this life. Taking one hour to protect it for your children is one of the most powerful things you can do. Ashleigh Blewitt from ALM Law talks estate planning.
You’ve done everything right. You bought the house. You’re building your super. You’ve made a life worth protecting. But here’s the question most parents quietly avoid: if something happened to you tomorrow, would your assets end up where you want them?
Not technically. Not eventually. But actually, efficiently, and in a way that keeps your children protected in the long term?
For most families, the answer is no – and not because they haven’t thought about it. It’s because they haven’t been told what they’re missing or simply haven’t had the time.
One of Australia’s leading estate planning lawyers, Ashleigh Blewitt – Founder and Director of ALM Law – shares what she wants Canberra parents to know.
Ashleigh Blewitt – Founder and Director of ALM Law.
The Will you have (or haven’t written) probably isn’t enough
A standard Will leaves everything to your spouse or partner, then to your children. It seems sensible. But consider what it doesn’t protect against: a future relationship breakdown, a child’s divorce, poor spending judgement, or simply the fact that your children might inherit a significant sum of money at 18 with no guidance and no structure around it. It usually doesn’t provide a well-thought-out plan for your children’s future.
Estate planning done well doesn’t just ask “who gets what”. It asks “how”, “when” and “under what conditions”. It often builds in protections that a standard Will doesn’t offer.
What is a Discretionary Testamentary Trust, and why do so many families need one?
A discretionary testamentary trust is a trust that comes into existence through your Will. It doesn’t exist while you’re alive, but it’s there, ready, if it’s needed. It provides a more protective and tax-effective structure for your spouse and children.
For families with young children, this can be transformative. Rather than children receiving an outright inheritance at 18 (potentially hundreds of thousands of dollars), a testamentary trust allows inheritance to be managed on their behalf and distributed when appropriate.
For parents with older children, the concerns don’t end when a child reaches adulthood – they simply change shape. A failed relationship or financial pressure. A discretionary testamentary trust included in your Will can provide both protection and support for your adult children.
“These trusts can be an important decision for your children’s future, and a lot of families don’t even know they exist,” says Ashleigh.
What about super? Does it follow your Will?
This is the part that may surprise a lot of people. Your superannuation is not automatically covered by your Will. It sits outside your estate, and your super fund has the power to decide where to pay your super – unless you have a valid, binding death benefit nomination in place.
If your nomination is outdated, lapsed, or non-binding, your super fund could distribute your super balance in a way that isn’t what you intended.
Ashleigh notes, “invalid nominations are also very common as these forms are often completed without understanding the laws in place that determine who can receive your super via a death benefit nomination. For many families, super is one of their largest assets. Getting this right is essential.”
If you have young children, this is the conversation you need to have now
None of us likes to think of our children growing up without us, but having a plan in place can be a relief.
Ashleigh comments, “As a mum myself, knowing that your home is protected, that the people you trust are empowered to care for your children in the way you would have is not grim. It’s love in a document.”
The good news: a free initial consultation costs you nothing, and could change everything
Estate planning doesn’t have to be overwhelming. The first step is as simple as a conversation. A conversation that looks at your situation, your family, your assets, and what actually makes sense for you.
Book your free phone consultation here: Calendly – Ashleigh Blewitt
ALM Law offers after-work hours and weekend appointments for your convenience.
Please seek independent legal advice for your specific circumstances.
