Delivering peace of mind in wills and estate planning for clients in Newcastle, the Hunter and Sydney.
A will is critical for deciding how your assets will be distributed after your death, providing instructions for your funeral, preventing future disputes, and protecting your legacy.
A carefully drafted will must consider a range of factors, such as:
- present and future circumstances of beneficiaries
- adequate provision to family and dependents
- foreign assets and beneficiaries
- taxation implications
- risks of potential claims against the estate, and
- business succession plans.
From straight forward advice to complex estate planning, our lawyers have significant experience in drafting and providing advice in elation to wills, trusts, superannuation and succession planning. Our team create holistic wills and estate plans matching the circumstances and objectives of our diverse clients. We often work closely with the financial advisers of our clients to ensure that wills and estate plans are comprehensive, financially viable, and tax effective.
We can assist with:
- Drafting wills
- General and enduring power of attorney
- General and enduring guardianship
- Advance Care Directives
- Testamentary trusts
- Special disability trusts
- Wills with foreign assets and beneficiaries
- Taxation advice
- Business succession planning
- Estate planning
- Indigenous wills
- Obtaining grant of probate
- Obtaining grant on intestacy
- Blended family wills, and
- Superannuation death benefit nominations.
A carefully drafted will can minimise the stress and burden on your loved ones when you pass away. A will provides you with certainty about the distribution of your assets, and can prevent a family member from contesting a will in the future. If you need experienced solicitors to complete your will and estate planning, email us on firstname.lastname@example.org or call us on te.
What is estate planning?
Estate planning is more than just a will. A comprehensive estate plan will also include the following:
- Power of attorney: A power of attorney appoints someone to make financial and legal decisions on your behalf. If a power of attorney is ‘enduring’ it will allow the attorney to make decisions for the principal when they do no have capacity to manage their own financial and legal affairs.
- Appointment of enduring guardianship: An enduring guardian is someone appointed to make decisions about someone’s health, lifestyle and medical treatment if they are not capable of making these decisions.
- Superannuation death benefit nomination: Superannuation is not included in an estate, and cannot be distributed under a will. If an individual does not make a binding death benefit nomination, the trustee exercise their discretion in determining the beneficiaries of the superannuation benefit in accordance with relevant laws.
An estate plan should also include further documentation to make the administration of the estate as straightforward as possible. For example, this may include a register of assets and company share certificates.
What happens if an individual does not have a will?
If an individual dies without a will, their estate is administered and distributed according to legislative criteria. This usually means that the estate will be distributed to the deceased’s family, but this may not reflect their wishes. If their loved ones.
What happens if a will needs to be changed?
If circumstances change, it is important that a will is updated as quickly as possible. To prevent future disputes, potential beneficiaries should also be made aware of the changes.
If you need assistance with your will and estate planning, email us on email@example.com or call us on (02) 4929 7002.
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