Wills, Estate Planning & Trusts

estate planning

New Year, new you: why making a Will should be a priority for 2026

By Brooke Sharp, Associate • January 5, 2026

Make a legally valid Will in NSW to protect your assets, reduce disputes, and give your family peace of mind.

probate process

Navigating the probate process in NSW: Tips for executors in 2026

By Jana Massingham, Lawyer • January 2, 2026

Navigate NSW probate in 2026: Essential court grant for executors managing estates via Online Registry. Avoid delays with Kells' expert, empathetic guidance for smooth administration.

NSW Wills

Busting common myths about Wills in NSW: what you need to know in 2026

By Brooke Sharp, Associate • November 28, 2025

NSW Wills myths busted: remarriage revokes your Will, super doesn’t always follow it, and kids can still contest. Get it right with Kells – Sydney & Illawarra.

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Does my Will deal with my business?

By Brooke Sharp, Associate • September 3, 2025

Find out what your Will can cover and what it can't deal with when it comes to your family business.

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Can I make a claim on an estate without a lawyer?

By Brooke Sharp, Associate • July 25, 2025

Making a claim against a Will alone? Know the court rules, deadlines, and risks involved before you decide to proceed without legal advice.

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Common reasons to contest a Will in New South Wales

By Shaneen Dhondy, Lawyer • May 26, 2025

Find out when Wills can be challenged in NSW, from lack of capacity to being left out unfairly. Here’s what the law says and how to act.

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Estate planning mistake: show me the money

By Brooke Sharp, Lawyer • May 1, 2025

Family disputes over estates are common, especially in blended families. Learn how a clear estate plan can protect your legacy. Read more.

Tina Turner

What we can learn from Tina Turner

By Cornelia Joyce, Lawyer • November 8, 2024

Tina Turner left more than music — she left behind key estate planning lessons. Find out how you can protect your wealth and prevent family disputes.

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Can a parent disinherit a child in Australia?

By Brooke Sharp, Lawyer • October 14, 2024

Find out whether parents can disinherit their children in Australia and what rights children have to contest a Will under NSW’s Succession Act.

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E-Bikes and scooters: know your legal rights

By Remy Rovere, Lawyer • February 4, 2026

In the last few years, the number of people who own and operate electric bikes and scooters has risen. As these electric bikes and scooters become more affordable many people are choosing to upgrade from their previously non-electric counterparts to speed up their method of transport. Not to mention, these electric bikes and scooters can be fun. Although there has always been the possibility of road accidents for non-electric bikes and scooters – many of us now ask ourselves – ‘are these electric bikes and scooters more dangerous than the non-electric ones’? Although this a complex question and not one that this article will answer the reality is – what are your legal rights and entitlements if you are involved in an accident and injured while riding an electric bike or scooter. Fortunately, in New South Wales, if you have been injured in an accident while riding your electric bike or scooter (or even if you were a passenger) or if you have been injured as a result of being in an accident with an electric bike or scooter – you may be entitled to compensation. Your potential entitlements to compensation may include: payment of your regular weekly salary while you recover; treatment expenses; a claim for pain and suffering; and where you may not be able to return to work indefinitely, a claim for your future economic loss. Road accidents can be serious and lifechanging. It is important that you seek legal advice early with respect to your rights and entitlements to motor accident claims, especially within the first three months since the date of your injury. Here at Kells, our compensation team is always ready and happy to help people with advice that they need to navigate their rights and entitlements after an injury. If you, or somebody you know, have been injured while riding your electric (or non-electric) bike or scooter, and need help or advice navigating rights and entitlements to compensation, please reach out – we are here to help and are only a phone call or online enquiry away.

NSW criminal records what appears and what you need to know

By Harry Webb, Lawyer • February 2, 2026

A criminal record is an official record of a person’s criminal convictions and interactions with the criminal justice system. What shows up on your record during a background check can vary depending on the type of offences and who is conducting the check. Are all offences included in my criminal record? Not every offence results in a criminal record. Some minor offences can be dealt with by Police on the spot (sometimes called an infringement or a ‘ticket’), rather than through the courts. This is usually a matter of discretion for the police, depending on the seriousness of the offence. If your matter goes to court and you are found guilty and sentenced, it will appear on your criminal record. How long does a criminal record last in NSW? Your criminal record is usually permanent, and a lifelong record is held by the police and the courts. However, some convictions can be: “Quashed” (overturned by the court) “Extinguished” (for certain historical offences which are no longer crimes), or Become “spent”, meaning they aren’t fully erased but become non-disclosable in most situations. What are ‘spent’ convictions? In NSW, the Criminal Records Act 1991 creates a scheme which allows minor criminal convictions to become "spent" after a crime-free period. Once a conviction is spent, you generally don't need to disclose it and it usually won’t show on a police check. This scheme was designed to prevent discrimination for people who have demonstrated a change in behaviour. There are exceptions to this scheme for more serious crimes and disclosure for certain jobs like teaching and policing. All offences can become “spent”, except: Convictions with prison sentences of more than 6 months Convictions for sexual offences Convictions imposed against bodies corporate Any offences set out in the regulations. Note: The “spent” convictions scheme applies to offences and convictions in jurisdictions outside of New South Wales (such as other states) which correspond (or which correspond as closely as possible) to the relevant New South Wales offences and convictions When is a conviction spent? Under Section 8(1) of the Criminal Records Act 1991 a conviction is spent on completion of the relevant ‘crime free’ period. This is automatic and you do not need to apply to have a conviction spent after the crime free period. For adults, this period is 10 consecutive years after the date of the conviction, during which: (a) The person has not been convicted of an offence punishable by imprisonment (b) The person has not been in prison because of a conviction for any offence and has not unlawfully been at large (c) There is no statutory or prescribed exclusion that applies For convictions in the Children’s court, this period is 3 consecutive years, where: (a) the person has not been subject to a control order, and (b) the person has not been convicted of an offence punishable by imprisonment, and (c) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large. Who can see my “spent” convictions? If a conviction is “spent”, you generally do not have to disclose it, and any questions about your criminal history are taken to refer only to unspent convictions. However, there are exceptions. Spent convictions may still appear when checks are made for certain roles, including: working with children police officers / law enforcement teachers and teacher’s aides disability support work corrective services staff in immigration detention centres firefighting or fire prevention Law enforcement agencies, including all State and Territory police, can also access and share information about spent convictions to other law enforcement agencies and the court. Archives and libraries can also disclose to a member of public or to another library or archive material that contains information relating to spent convictions if the material is normally available for public use. Can someone disclose my spent convictions? It is an offence for anyone with lawful access to conviction records to disclose information about spent convictions without lawful authority. The maximum penalty for doing so is $5,500 fine and/or 6 months imprisonment. It is also an offence to obtain or attempt to obtain information concerning a spent conviction fraudulently or dishonestly, and this carries the same penalty. If you have a criminal record and are unsure about what will show up, or whether a conviction is spent, you should get in touch with a criminal lawyer. Contact our highly experienced criminal and traffic law team for a FREE consultation to help you understand your criminal record and what it means for you.

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Former Kells Lawyers Chairman of Partners Roger Downs Awarded OAM

By Shayne Lopeman, Marketing Manager • January 30, 2026

Kells Lawyers proudly acknowledges the outstanding achievement of former Partner Roger Downs, who has been awarded the Medal of the Order of Australia (OAM) as part of the 2026 Australia Day Honours. This prestigious national honour recognises Mr Downs’ decades-long commitment to community service throughout the Illawarra. Fewer than one thousand Australians were recognised this year, with recipients selected by the independent Council for the Order of Australia following a comprehensive assessment process. After concluding a legal career spanning more than four decades in the Illawarra, Roger stepped away from day-to-day practice but did not step away from public life. He has continued to dedicate his knowledge and experience to community and not-for-profit organisations across the region he has called home since 1979. Over many years he has contributed his professional skills to assist a range of institutions focused on health, justice and community wellbeing, offering strategic, legal and governance support to organisations including the NSW Justice Health and Forensic Mental Health Network, Illawarra Shoalhaven Local Health District, the Law Society of NSW and the Illawarra Credit Union. Roger’s long-standing involvement with Warrigal further reflects his commitment to service and leadership. His association with the organisation began in 1997 when he became a company member and shortly thereafter joined the Board, later being appointed Vice Chairman. In recent years he led the Board Risk and Audit Committee through a significant period of reform within the aged care sector and continues to serve on key governance committees. His steady guidance and oversight have contributed to Warrigal maintaining exemplary governance standards, including achieving full compliance with all Aged Care Quality Standards. Managing Partner of Kells Lawyers, Paul Magagnino, congratulated Roger on the honour, stating, “Roger’s contribution to both the legal profession and the broader community has been exceptional. His integrity, dedication, and commitment to service set a standard we are incredibly proud of. This recognition is richly deserved, and everyone at Kells Lawyers extends their warmest congratulations on this remarkable achievement.” Roger Downs’ recognition reflects a lifetime of professional excellence, volunteer leadership, and enduring service to the Illawarra community. Kells Lawyers joins community members and colleagues in celebrating this well-earned honour. For more information contact Shayne Lopeman Marketing Manager +61 2 4221 9362 slopeman@kells.com.au

Australia's 2025–26 permanent migration program: key insights

By Alice Laurence, Special Counsel • January 26, 2026

The Australian Government has recently confirmed the planning levels for the 2025–26 permanent Migration Program, maintaining a cap of 185,000 places to balance economic needs with sustainable population growth. This program plays a crucial role in attracting skilled talent, supporting family reunion, and addressing labour market shortages across the country. In this article, we'll break down the key components, highlight notable changes from previous years, and discuss what this means for prospective migrants. Overview of the program streams The 2025–26 program is divided into three main streams, with a strong emphasis on skills to boost Australia's productive capacity: Skill Stream: Allocated 132,200 places (about 71% of the total program). This stream focuses on filling skill gaps, particularly in regional areas, and includes categories such as Employer Sponsored (44,000 places), Skilled Independent (16,900), Regional (33,000), State/Territory Nominated (33,000), Business Innovation & Investment (1,000), and the new Talent and Innovation category (4,300). Family Stream: Comprising 52,500 places (around 28%), this stream prioritises reuniting families. It includes Partner visas (40,500 indicative places), Parent (8,500), Child (3,000 indicative), and Other Family (500). Note that Partner and Child categories are demand-driven, meaning the actual numbers may vary based on applications. Special Eligibility Stream: A smaller allocation of 300 places for unique circumstances, such as permanent residents returning after time abroad. Notable changes and priorities Compared to 2023–24, the overall cap has been reduced and stabilised at 185,000 places, reflecting a shift towards more targeted migration. Key updates include the introduction of the Talent and Innovation category, which aligns with the new National Innovation Visa aimed at exceptional talent. This replaces older global talent pathways and emphasises state specific needs. The program continues to prioritise regional and state-nominated visas, which together make up 50% of the Skill stream. This focus helps address local labour challenges and supports economic growth in less populated areas. Other developments include visa fee increases and higher income thresholds effective from 1 July 2025, which applicants should factor into their planning. Tighter priorities for skilled visas and changes to invitation rounds for visas like the 189 also aim to better match migrants' skills with Australia's needs. What this means for applicants For skilled migrants, the stable allocations in employer-sponsored and regional categories offer opportunities, but competition remains high in independent streams. Family applicants can expect consistent processing for partners and parents, though demand-driven categories may see fluctuations. If you're considering migrating to Australia, it's essential to stay informed about these changes and ensure your application aligns with current priorities. Professional advice can make all the difference in navigating complex requirements. At Kells, our migration law experts are here to guide you through the process. Whether you're exploring skilled pathways or family reunification, contact us today for personalised assistance.

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