Estate Planning

• Enduring powers of attorney for financial matters
• Wills incorporating trusts:
  • Testamentary Discretionary Trusts – These have significant benefits including reducing tax payable on income distributed for the benefit of children and grandchildren under 18 years of age. They also give asset protection from risks arising on divorce/relationship breakdown and bankruptcy
  • Life Estate Trusts – These give an income stream to a beneficiary with control of capital remaining with a trustee
  • Special Disability Trusts – These provide for the care and accommodation needs of a person with a severe disability
• Enduring guardian nominations for health and lifestyle matters and advanced health directives (or living Wills) dealing with end of life decisions.

Probate and Estate Administration

• Obtaining a grant of Probate:
  • Intestate (where there is no Will) – also known as Letters of Administration
  • Testate (where there is a Will) – also known as Probate
  • Resealing overseas grants in NSW
• Administering estates by collecting assets, paying liabilities and distributing to the beneficiaries in accordance with the Will or intestacy legislation (where there is no Will).

Trusts

• Establishment of trusts both family and charitable including Private Ancillary Funds
• Interpretation of ambiguous trust deeds
• Amendment of trust deeds
• Appointment and retirement of trustees
• Ongoing duties and obligations of trustees.

Estate Litigation

• Family provision claims against estates
• Estates in which the testamentary capacity of the testator is in question.
• The rectification of Wills – where the Will does not reflect the intentions of the deceased
• The interpretation of Wills – where the Will is ambiguous
• Statutory Will applications
• Applications for judicial advice.