“In this world nothing can be said to be certain except death and taxes.”

Benjamin Franklin

A Will is only one part of complete estate planning. Our estate planning lawyers ensure that all the elements of your estate are properly attended to. The most common Estate Planning considerations are:

1. Wills

Your Will distributes your assets to your  chosen beneficiaries upon your death. It should be simple.

Unfortunately, the law of Wills and Estates is complex and archaic. We ensure that your instructions are clear, legal and likely to be followed.

We usually charge a fixed fee for Wills and Estate Planning.

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2. Superannuation

Superannuation is usually the second-largest asset of many Australians when they die. However, superannuation is not automatically dealt with by a Will. Our lawyers ensure that your superannuation is dealt with correctly and tax-effectively upon your death.

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3. Enduring Powers of Attorney

An Enduring Power of Attorney operates prior to your death. It appoints someone to make financial decisions on your behalf – for example if you are disabled. Choosing an Attorney is an important decision. Our lawyers can help you appoint a suitable Attorney.

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4. Enduring Powers of Guardianship

An Enduring Power of Guardianship appoints someone to make medical and lifestyle decisions on your behalf. Your Guardian can only act when you have lost mental capacity. Our lawyers can help you appoint a suitable Guardian.

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5. Advance Health Directives

Advance Health Directives allow you to give binding, detailed instructions to your family and medical professionals regarding your medical treatment. These only operate when you have lost mental capacity.

Our lawyers ensure that the instructions in your Advance Health Directive are clear and unambiguous.

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6. Discretionary Trusts

Assets held in Discretionary Trusts (‘Family Trusts’) are not usually dealt with by a Will or Enduring Power of Attorney. Generally, the Trust deed itself deals with the death or incapacity of any controlling person (such as the Trustee). Our lawyers can ensure that the Trust deed properly deals with trust assets if something happens to you.

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7. Business Succession Planning

Only a small percentage of business owners have a written strategy to deal with their business upon a principal’s death or incapacity. Our lawyers specialise in business succession planning. They help protect the business owners and ensure continuity of the business itself.

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8. Testamentary Trust Wills

It may be advisable to include a Trust in your Will, called a ‘Testamentary Trust’.

A detailed Trust in your Will can protect your assets for future generations. It can also minimise tax payable by your beneficiaries.

Our lawyers can discuss the advantages and disadvantages of a Testamentary Trust with you as part of comprehensive estate planning.

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