Wills, estates & succession

Overview

Our Wills, Estates & Succession Planning team know how important it is to understand precisely how their clients want their assets protected and passed on.

Every person’s situation is different. We create specific estate planning solutions to suit the individual circumstances of each client by carefully preparing estate, incapacity and structuring succession arrangements for personal assets and business interests. 

Handing down intergenerational wealth, responsibly and effectively, is a challenge facing an increasing number of Australians, and not just the very well-off. Thanks to compulsory superannuation and enormous rises in property values, many ordinary, hard-working homeowners are finding themselves sitting on a substantial nest egg in their twilight years – and facing complex decisions about the best way to ensure their beneficiaries are provided for after they pass away. A study by research house McCrindle estimates Australians born between 1965 and 1979 – Generation X – will inherit some $3.5 trillion from their Baby Boomer parents over the next 20 years.

In some cases families can be torn apart when promises about control of businesses, transfer of commercial interests and distribution of family assets end in dispute, often in a courtroom. 

We take a wholistic approach to estate planning and regularly consider, advise and implement strategies that will allow your estate to be administered efficiently, while incorporating tax effectiveness and asset protection, including for beneficiaries that require extra support, or in circumstances where there are concerns around relationship breakdown or personal liability. 

Our services are designed to establish clear and efficient incapacity and succession plans to ensure our clients interests are protected and to set beneficiaries up to be supported during an otherwise difficult time, and in to the future.

These services include: 

  • Drafting wills, incorporating testamentary trusts where appropriate, advising on comprehensive estate planning, especially involving complex factors such as blended families and high net worth individuals. 
  • Reviewing corporate entity structures including trusts, companies, self-managed superannuation funds and businesses, to ensure succession plans deal with both personal and business interests to minimise conflict and protect assets. 
  • Advising on estate planning for people with overseas assets and dual citizenship or those not considered as domiciled in Australia, as this can affect the application of succession law.
  • Acting for executors and administrators of deceased estates to obtain Grants of Probate or Letters of Administration, liaising with banks and superannuation funds, transferring and selling real estate, and distributing assets to beneficiaries. 
  • Assisting to resolve disputes involving wills, trusts, or estate administration and testamentary capacity challenges, undue influence claims and informal wills, family provision and breach of trust claims. 

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