Wills & estates

Our wills and estate lawyers can assist with a variety of the legal issues you may face as you get older, such as:

• Enduring power of attorney
• Advanced health directive
• Nursing home and retirement village issues
• Your will and estate

Whether you need a simple will (see our standard Will service process) or have more advanced requirements for estate planning, we can help.

Estate law covers a range of legal problems around assets and estate planning. These include the following:

• Deceased estates and probate
• Superannuation death benefit arrangements
• Trusts
  • Special disability trusts and
  • testamentary discretionary trusts,
• Business succession planning
• Challenging a will
• Family Provision claims

More wholistic consideration is given to the nature of your estate in an estate plan. Steps that can be taken to maximise the after tax benefits of your beneficiaries are carefully considered.

Blended families also require special consideration and often the use of life interests.

We also usually prepare an estate plan flow-chart for you.

It is often overlooked that assets held in family trusts, family companies or superannuation funds do not necessarily form part of your estate that is dealt with in accordance with your Will.

The succession of each of these assets and their structures, that have life after your death, must be separately considered in a succession plan to ensure that these assets benefit those you intend.

Again we usually prepare a succession plan diagram for you.

There are unique issues here that must be considered and particularly the ongoing control of the business (whether operated by a partnership, company or trust) if only some of your beneficiaries are involved in the business.

We also prepare Buy/Sell Agreements and work in conjunction with your insurance adviser and accountant to achieve the best after tax result.

Here’s how we approach Estate & Succession Planning for larger and more complex estates:

1. Understand your Estate, relationships and associated entities (nature of assets, holdings and approximate value)
2. Understand your dependants, loved ones and any special needs (those who might expect to benefit from your estate)
3. Understand who you want to benefit (your desires)
4. Advise on risks to your beneficiaries and the available mitigation strategies (wealth transmission risks)
5. Advise you about your options, along with the advantages, disadvantages and costs of each, plus a recommended option (options)
6. Implement the chosen option (Solution)

The most cost effective way to get started with this is by booking an initial High Point Advice Conference (in person, by telephone or via Skype) with one of our Estate Planning team.

This advice conference is available for a fixed fee.

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