Why Estate Planning Matters

The Simple Will Myth

A basic will does not cover all your assets, leaving family trusts, joint tenancies, businesses and superannuation unaccounted for. The majority of estate disputes arise from simple wills, and permanently damage family relationships.

Financial Plan or Estate Plan?

A financial planner helps you build and manage wealth. An estate planning lawyer makes sure your plan is legally effective, enforceable, and workable, and where you own a business, that there’s a clear succession pathway if you die or lose capacity

Asset Protection

Protect your generational beneficiaries inheritances from the financial risks resulting from relationship breakdowns or creditors claims. Assist executors and trustees so as to not trigger CGT events or penalty tax rates.

Planning for Incapacity

Establish clear legal instructions (Powers of Attorney, Enduring Guardianships and Advance Care Directives) so that trusted decision-makers can manage your legal, financial, and health affairs as you age.

Joint Tenancy Blindspots

Property held as 'joint tenants' passes automatically to the surviving co-owner by right of survivorship, completely bypassing your will. Joint tenancies must be severed if you wish to gift your share to someone else.

Maximise the value of your estate

Optimise the value of estate assets in the hands of beneficiaries, implement legal structures and instructions to enable executors to manage and reduce your estate's exposure to income and capital gains taxes.

Incapacity gaps for entities

Incorrectly assuming a power of attorney covers company director roles or trusteeships, and that trust assets and controlling positions can be passed under your will.

Ignoring dispute and family provision risks

Failing to identify and provide for eligible claimants under family provision legislation, exposing your estate to costly litigation that can deplete your esta.

Choice of Executor

Test appointments against foreseeable conflicts, family dynamics, occupation of estate property, prior attorney transactions and the ability of co-executors to make decisions together, rather than treating executorship as an honour to be distributed equally among family members.