WILLS & ESTATE PLANNING
Protecting your family's future
Our Wills and Estates team will provide you with practical advice and assistance on your personal affairs, including estate planning and liaison with your financial advisors. We deliver prompt and economical help in administration and finalisation of deceased estates, and make it as easy and speedy as possible for executors following the passing of a Will maker. We advise and guide on appropriate Wills and trusts, and any changes necessary to existing structures to ensure your testamentary intentions are followed.
Testamentary Trusts
A testamentary trust is a trust created by your Will and comes into effect after your death. It gives you the ability to hold assets as part of your Will, to be paid to whomever you choose. This could be something like your superannuation balance, investment property, a share portfolio or even your whole estate.
Discretionary Trusts
A testamentary discretionary trust is one where the trustee has the discretion to distribute capital and income in the same or differing proportions between a group of beneficiaries nominated in your Will. The trustee may also have the ability to wind up the trust at any time.
Taxation implications
When the person who is in charge of your estate is executing your Will, there are several tax implications involved. This can involve superannuation issues, tax returns, and money payable from trusts. Working with a lawyer means you can identify these issues well in advance.
Powers of Attorney
Giving someone power of attorney means they can legally act on your behalf, so it is something to be taken very seriously. You will need to choose someone you trust. Make sure you get legal advice before giving anybody power of attorney.
Advance Health Directives (Living Will)
In Queensland, a living will is referred to as an Advance Health Directive. It is simply you outlining how you want to be cared for if you tragically lose the ability to make your own decisions.
Contesting a Will
Will disputes are increasingly common, especially given the changing and complex nature of Australian families. Our industry recognised team will be with you every step of the way.