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Home Strategy

The advice gap that no document can close

Conversations are as important as paperwork in estate planning.

by Peter Leggett Arrow Private Wealth
June 6, 2026
in Strategy
Reading Time: 6 mins read
Peter Leggett, Arrow Private Wealth

Peter Leggett, Arrow Private Wealth

There is a version of estate planning that looks complete on paper, this includes a valid will, a power of attorney, and a folder containing trust deeds, superannuation nominations and a letter of wishes drafted some years ago. Historically by most measures, the homework appears to have been done here.

When families eventually are faced with the moment these documents were written for, they find themselves navigating decisions they were never prepared for, with complexity they did not know existed, and at a time when clarity is in shortest supply.

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The folder containing these documents was not a plan but a filing system, and the people who are required to carry it forward have never been part of the conversation, until now.

Across two decades advising high-net-worth families and business owners, the reoccurring pattern is not bad intentions, not flawed structures, but simply the assumption that good documentation is the same as good planning.

The same structural shift unfolding in investment markets is playing out in family wealth. Just as the most significant wealth creation is now happening in private markets, yet many investors remain confined to listed equities.

The most consequential decisions in family wealth are happening in conversations that many families have not yet had, and the gap between those who are having them and those who are not is growing wider.

In both cases, those who are not paying attention are finding themselves at a disadvantage that is structural rather than merely cyclical.

When clients talk about what genuinely keeps them awake at night, they rarely describe market volatility or tax exposure. They are concerned about whether their children will manage inherited responsibility well, whether treating children ‘equally’ will feel fair when their circumstances are vastly different. And whether the structures built over decades will hold when they are no longer present to explain the thinking behind them.

These are not portfolio questions, but questions about relationships, values, and continuity, and as such they require a different kind of advice. This advice begins with intent rather than product and treats a family’s wealth as a system to be stewarded across generations, rather than a set of accounts to be optimised.

Australia is in the midst the largest transfer of private wealth in its history, with between $3.5 trillion and $5.4 trillion expected to move from baby boomers to their children and grandchildren over the next two decades. With this, families are no longer waiting for estates to be settled before wealth moves between generations, they are instead more actively helping their adult children into property, funding their grandchildren’s education, and supporting business ventures.

This is occurring all while the older generation is still actively engaged, and making all the decisions. The living transfer has well and truly arrived, and most structures were never designed to manage this level of ongoing, intergenerational activity.

One of the most consistent patterns in family wealth is the gap between what the primary wealth holder assumes the family knows, and what the family understands. The adult children can easily assume a plan exists but don’t feel entitled to ask questions about it, while parents assume children will figure it out when the time comes.

As a result, neither side raises it because the conversation feels premature, uncomfortable, or both. But this silence gets mistaken for alignment, and when circumstances eventually force the issue to the forefront, families inherit complexity without context, and at precisely the moment they are least equipped to deal with it.

The idea of fairness exacerbates this further as parents always intend to be fair, yet fair is rarely the same as equal. One child may have worked in the family business for years at below-market salary, another may have provided care, and a third may have received more support earlier through school fees or a home deposit.

When the estate is eventually distributed equally, those unspoken histories surface and siblings compare notes, and if the reasoning behind decisions has never been spoken aloud, the gap gets filled with interpretation, which is precisely where resentment takes hold.

The sequencing of advice matters more than most families realise, and the principle to return to is strategy first, structures second, solutions last.

This means the technical work of trusts, testamentary arrangements and succession vehicles should follow clarity of intent, not precede it. Because when lawyers and accountants are engaged before a family has agreed on what wealth is for, we are building an architecture for a building the client has not yet designed.

This is particularly urgent given the ATO’s increased scrutiny of family trust arrangements, because for years families delegated compliance to their advisers, and assumed structures were sound simply because they had always been in place.

But that assumption no longer holds, and trustees and beneficiaries are now accountable in ways that mean structures that have not been reviewed against the family’s current reality, legal obligations and intergenerational intent represent a risk that goes well beyond tax.

An avoidable failure in intergenerational wealth transfer is handing over responsibility to people who have never been prepared for it, and while financial literacy is part of this, it is not the whole picture. Readiness means confidence in decision-making under pressure, the ability to navigate sibling dynamics when emotions are running high, and a clear understanding of the purpose and obligations that come with the wealth being received.

The families who navigate this well are not those with the most sophisticated structures, but those who started the conversations early. Those who included adult children in selected meetings, built a shared understanding of how the family’s assets were structured and why, and established clear decision rights before they were urgently needed.

For advisers, this shift in what clients need represents both a challenge and an opportunity. It is one that mirrors the broader evolution we are seeing across private wealth, because those who continue to define their value narrowly around investment performance, or technical implementation risk being sidelined at the very moment a client’s needs are most acute.

Those who can guide families through the numbers and the nuance, holding complexity with steadiness and earning trust across generations rather than with the primary wealth holder alone, will build relationships that last well beyond a single client lifecycle.

And in an environment shaped by the largest private wealth transfer this country has seen, the defining factor may not be product or performance, but the willingness to engage in the conversations that matter most, before circumstance forces them.

Tags: AdviceEstate PlanningSuperannuation

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