Maria Fifield: Wills, Wishes & What Really Happens: Estate Law with Maria Fifield

In this episode of Happy Business Radio, host Peter Salerno celebrates the show’s growth (now heard across Australia and in 50+ countries) and introduces Maria Fifield, an experienced estate lawyer from Perth specialising in wills and estates.

Peter frames the conversation with a timely reminder for business owners: success without balance leads to burnout—sometimes the smartest fix is to “unplug” for a few minutes and reset.

Maria clarifies what many families get wrong. Yes, you can (and should) record funeral directions in your will—and while some instructions are treated as “wishes,” the executor is generally obliged to follow them. Prepaid funerals are separate contracts with funeral directors, so it’s crucial the executor knows they exist and where the documents are stored.

They walk through real examples where next-of-kin ignored a testator’s wishes, and what legal recourse exists when executors fail their duties.

The conversation then turns to cremation vs burial and disputes over ashes—including contested cases between siblings. Maria explains why specificity in the will matters, how jurisdictional differences apply across Australian states, and why the person who pays can sometimes influence the outcome.

She also highlights the power of an Enduring Power of Guardianship to cover medical treatment and resuscitation decisions before death, reducing trauma and conflict for everyone involved.

Peter rounds off with practical business wisdom on delivering consistent service, continuous improvement, and the quiet power of gratitude.

If you run a business, manage a family estate, or simply want peace of mind, this episode gives you the essential checklist to protect relationships—and honour wishes—when it matters most.

Chapter Summary

00:00 — Welcome & Milestone

Peter celebrates the show’s growth across Australia and 50+ countries, thanking listeners and the Podcast City team.

03:15 — Meet Maria Fifield (Estate Lawyer)

Maria’s background and why wills, executors and funerals need clearer instructions.

07:40 — Wills vs Prepaid Funerals

What belongs in the will, what sits in a separate contract, and how to keep your executor informed.

12:20 — When Executors Go Off-Script

A case where the executor ignored funeral wishes; legal remedies and cost implications.

18:05 — Cremation or Burial? Who Decides

Objections, injunctions, and how courts weigh faith, evidence and family disputes.

24:30 — Ashes: Ownership, Splitting & Common Pitfalls

Emotional flashpoints, practical handling, and why precise will clauses help.

31:10 — Enduring Power of Guardianship

Treatment decisions, resuscitation preferences and preventing conflict before death.

37:45 — Business Wellness: Unplug to Replug

Stress management, gratitude, and a service mindset for sustainable success.

44:00 — Action Steps & Closing

Your next moves: update the will, store documents together, and talk to your family.

CREDITS

Host: Peter Salerno

Mobile: ‭0408 811 567‬

Email: [email protected]

Guest: Maria Fifield 

A Perth-based lawyer with over 20 years’ experience in wills and estates. She advises on will drafting, executor duties, probate, enduring powers of guardianship and estate disputes—helping families honour wishes, avoid conflict and navigate complex end-of-life decisions with clarity and care.

Web: https://avonlegal.com.au/

Producer: Ron Fiedler, Podcast City