"My affairs are very simple," they say. Famous last words in the world of Wills and Estates, and Phillip Briffa understands why clients think this way. The award-winning Sydney CBD partner has seen it all — and then some.
Recognised in Doyle's Guide as a Leading Wills & Estates Litigation Lawyer, he fields memorable calls daily. “Mum’s not dead yet…but when can I expect my inheritance?” is one that stands out, for obvious reasons. Then there's the client wondering if some caregiving might nudge their inheritance upwards in the event an inheritance claim needs to be made.
What begins as a "basic Will" chat inevitably morphs into untangling trusts, overseas property interests, and family dramas. Sometimes ‘Pepe’ the whippet demands his rightful place in the Will – perhaps a pet trust? It’s all in a day’s work for a Wills and Estates specialist like Phillip Briffa.
"Simple Affairs" and other famous last words
Everyone assumes their estate will be easy to organise. Perhaps it comes from our collective reluctance to confront our own mortality. Perhaps it is our natural bias as humans. Regardless of the cause, Briffa says underestimating the complexity of one’s affairs happens more often than you’d think…
“Someone tells me their affairs are ‘very simple’, only for us to uncover trusts, companies, overseas property, blended families, the works, after we dig a little deeper,” Briffa shares.
“What begins as a discussion about a ‘basic Will’ often evolves into us preparing a complex, cross-jurisdictional estate plan that requires careful consideration of tax, succession, and asset-protection issues. I think most people don’t downplay the complexity of their affairs on purpose - it’s just easy to underestimate how many moving parts make up an ‘estate’ and how different ownership structures, such as trusts and business interests, can have far-reaching implications. That’s why detailed questioning is essential before putting pen to paper, or, more accurately, fingers to keyboard!”
"Can I Split Mum's Money Now?" and other premature inquiries
Briffa was once asked: “My mum isn’t dead yet…when can I receive my inheritance?”
According to Briffa, the ‘mum’s not dead yet’ call is unforgettable - but it’s not the only one.
He’s also been asked: “If I move in with Dad and look after him for a few months, will that help me get a bigger share of his estate?” And “As Mum’s power of attorney, can I split her money between me and my siblings now, since we’ll inherit it anyway when she dies?”
It’s the kind of wishful thinking that makes for awkward Christmas lunches. Others want to know whether they can challenge a Will before the ink is even dry.
“These conversations can be delicate. I try to respond with empathy but also clear boundaries. Death, inheritance, and family relationships stir up powerful emotions - and sometimes people voice thoughts they wouldn’t otherwise say out loud,” Briffa explains. “My role is to redirect the conversation back to the law: ‘Here’s what the law says, and here’s what it doesn’t allow’.”
It’s about balancing compassion with a gentle reminder that Wills and Estates law doesn’t work on wishful thinking.
From Whippets to Wills: Welcome to the world of pet trusts and cat caretakers
Briffa has always been drawn to this area of law. “It’s human,” Briffa shares. “You’re not dealing with faceless corporations and businesses — you’re working with real people, their life stories, and the things that matter to them most.”
“Working with elderly clients is especially meaningful: they often have incredible life stories and hope to pass on the lessons that have guided them,” he says. “Pepe the whippet wasn’t the first furry friend to appear in a Will. I’ve drafted a Will for a client that owned several cats which provided that her property and cash should be used to permit her cats to remain living in her home with a caretaker and all expenses paid until her last surviving cat passes away.”
As Australia’s birth rates decline, pet ownership is on the rise. It’s no surprise, then, that Briffa has found more and more of his work might include provisions for pets.
“We regularly draft pet trusts which permit our clients to set aside a sum of money to be used for the benefit of their pets,” Briffa explains. “These requests may seem unusual, but they highlight that estate planning isn’t just about dividing wealth. My job is to make sure our clients’ wishes are expressed clearly, legally, and in a way that minimises the occurrence of disputes later.”
The $20 Will kit that launched a thousand estate disputes
Wills and Estates is an area of law most known for its over-the-counter-option - the $20 Will kit you might pick up from the post office, and other DIY options.
“I completely understand why people feel tempted to reach for the cheapest or quickest option, especially with the cost-of-living crisis we are all experiencing,” Briffa says. “But estate planning is a classic example of ‘penny wise, pound foolish’. A $20 Will kit might save you money today, but it could cost your family tens of thousands tomorrow if it leads to a dispute, for instance, due to a construction issue.”
He’s experienced his fair share of horror stories too, the kind that come from a lack of legal oversight. When this happens, the costs and consequences can be dire.
“I’ve seen DIY Wills that were signed incorrectly (or not signed at all!), with sections missed, and ambiguous wording that resulted in years of litigation,” Briffa says. “When someone comes to me considering a DIY Will, my approach isn’t to criticise them - it’s to explain the risks and show how a properly drafted estate plan provides peace of mind and can minimise the chance of disputes. In this area, the shortcut almost always ends up being the long way round. Good estate planning is an investment, and thankfully most of our clients see that.”
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