Wills & Estate Planning

Estate planning goes beyond drafting a will – it includes:

• understanding what assets you own
• understanding what “ownership structures” are used to hold those assets (eg one name, joint names, company, family trust and superannuation)
• providing you with clear advice as to the different laws that apply in relation to those “ownership structures” if you die or become incapacitated – including in relation to company assets, family trusts and superannuation
• understanding how you want your assets to be distributed after you have died
• understanding your beneficiaries’ circumstances
• providing you with clear advice as to the options which are available to you to implement your wishes
• changing the way that your assets are held (where appropriate)
• preparing the necessary documents to implement your wishes – this may include:
  • a testamentary trust will
  • documents to apply to your superannuation entitlements – for example a binding death benefit nomination
  • a Buy/Sell Agreement (or other type of Business Ownership Agreement) if you own a business with other people
  • documents to appoint successor appointors for your family trusts
  • statement of wishes for running of your family trust
  • statement of wishes for the upbringing of your children
  • an Enduring Power of Attorney
  • Appointment of an Enduring Guardian

Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as:

• if your wishes change
• the birth or adoption of a child
• if you marry or enter into a de facto relationship with another person
• if you separate or become divorced
• if there are any significant changes to your asset pool
• if you acquire any interest in any type of business
• if you acquire any interest in any type of trust
• if you lend or gift any money or other asset to anyone else
• if you sell, mortgage or lease any asset that you have specifically dealt with in your will
• if you cease to have trust and confidence in someone you have nominated to act as your executor, attorney or enduring guardian
• if a beneficiary’s circumstances changes (for example death, incapacity, bankruptcy or divorce)

Contact us using the form below to find out more or to arrange a consultation with an experienced estate planning lawyer.