2025 Wrap Up - Legal Trends I have seen in practice this year
From the growing popularity of testamentary trusts to a rise in capacity-related disputes, these trends offer important insights into how Queensland families are approaching their estate plans and where many still face challenges.
In this article, we break down the four major trends shaping estate planning this year and what they mean for you and your loved ones.
1. Testamentary Trusts Are No Longer Niche - They’re the Norm
The biggest standout this year? Testamentary trusts.
Where they were once considered an “optional extra,” testamentary trust wills have now become the go-to approach for individuals and couples alike. In 2025, around nine out of ten of our estate planning clients chose to include a testamentary trust in their will, whether they were single, partnered, child-free, parents of minors, parents of adults, or navigating blended families.
Why the shift? Protection.
With skyrocketing property values and growing estates, people are wanting long-term protection for the wealth they’ve worked hard to build. Testamentary trusts offer:
Protection from divorce and separation claims
Safeguards against financial mismanagement or creditor issues
Tax benefits for beneficiaries
Long-term legacy planning for future generations
And with trusts now lasting up to 125 years in Queensland, families are increasingly embracing the ability to protect wealth across multiple generations.
In short: testamentary trusts have gone mainstream and for good reason.
2. Creative and Flexible Guardianship Planning
For many parents, choosing a guardian for minor children can be the biggest barrier to completing their estate plan. We hear it all the time:
“We were going to get our will done years ago, but we couldn’t agree on guardianship.”
This hesitation often leads to complete inaction, leaving families unprotected.
This year, however, we’re seeing a rising trend in creative guardianship solutions, allowing parents to tailor their plans more thoughtfully. This includes:
Having different guardians for day-to-day care vs. major life decisions
Using guardianship funds to support caregivers
Appointing older children (18+) to help care for younger siblings
Incorporating testamentary trusts for financial support and oversight
Families are beginning to recognise that guardianship isn’t all-or-nothing. With the right legal advice, your estate plan can reflect your values, your concerns, and your unique family structure.
3. A Concerning Lack of Business Succession Planning
One of the more worrying trends this year is the continued absence of business succession planning among business owners.
Many directors, shareholders, trustees, and appointors have never documented what should happen to their business interests if they die or lose capacity. This can leave surviving partners, spouses, or family members in impossible situations.
Key issues we’ve encountered include:
No shareholder agreements in place
No succession plan for proprietary companies
No strategy for transferring control of family trusts
No clarity on ownership, voting rights, or buy-out arrangements
This gap creates substantial legal and financial risk, not just for the business, but for the loved ones left behind.
If you own a business or hold a key role in a company or trust, succession planning is essential. It ensures continuity, reduces conflict, and protects both your livelihood and your legacy.
4. Growing Capacity Concerns and Increased Will Challenges
Capacity has been one of the most significant and complex issues in estate planning this year.
We’ve noticed:
More clients completing wills at very advanced ages (90+)
More rapid declines in capacity due to illness or cognitive changes
Increased disputes over when an Enduring Power of Attorney should activate
A rise in concerns about attorney behaviour
A growing trend towards challenging wills on the basis of capacity
With larger estates and evolving family dynamics, challenging the validity of a will is becoming more common and often more appealing than traditional family provision claims.
As more people wait until later in life to update their wills (including making major changes), disputes about capacity are expected to continue rising in the coming years.
This trend underscores the importance of:
Keeping your estate plan updated
Seeking advice early
Ensuring your capacity is properly assessed when needed
Documenting your instructions clearly
Proper planning today can prevent costly and painful disputes tomorrow.
Looking Ahead to 2026
2025 brought clarity, growth, and new challenges to the estate planning landscape. And while we’re closing out the year on a high note, the work of helping families protect their futures continues.
To all our podcast listeners, readers, and clients. Thank you for being part of the ViccaLaw community this year. Your trust means everything, and we’re already planning valuable new content for 2026.