Category: Estate Planning

  • Complex Estate Circumstances

    What circumstances could make my estate complex? There are many circumstances that can make your estate plan and Will complex and these can include: Second or more marriages/relationships and children from each relationship; Divorce; The interplay between Family Law and Estates; The interplay between Family Trusts, Self-Managed Superannuation Funds and Corporations and Estates; Not including […]

  • I Don’t Have an Executor

    I don’t have anyone I trust to be my Executor It is not unusual for clients to express to us that either: They do not trust anyone to be their Executor They do not have anyone to appoint as their Executor If this is you, here is a list of people to work through (not […]

  • Paying Funeral Invoices

    Should I pay the funeral invoices? A common misunderstanding is that the Funeral Invoice needs to be paid by the Executor and refunded by the estate. However, most of the time this isn’t necessary if the deceased had funds in their bank account. Upon issue of the invoice – take this to the bank and […]

  • Taking Control of Your Super

    Did you know your Superfund may be able to decide who your super goes to? No? Most people don’t! So, here is what you need to know to take control of your superannuation. Generally, your superannuation is an asset excluded from your Will. This means it does not form part of your estate when probate […]

  • Special Disability Trust

    What is a Special Disability Trust? A Special Disability Trust is a trust created in a Will for a beneficiary who has a severe disability. Special Disability Trusts provide for the current and future care and accommodation needs of a family member. The trust is not limited to beneficiaries under the age of 18 – […]

  • Taxation Benefits of Testamentary Trust

    What are the taxation benefits of a Testamentary Trust? As a Testamentary Trust allows trustees to distribute and split income at their discretion, this allows them to do so with tax planning in mind. The Trustee would usually work with a tax accountant to consider the appropriate forms and amounts of distribution for taxation purposes […]

  • What is a Testamentary Trust?

    What is a Testamentary Trust? Do I need one? A testamentary trust is a trust created pursuant to your Will. There are different types of testamentary trusts, including: Discretionary trusts; Special disability trusts. You should consider a Testamentary Trust if any of these factors exist: Creditor protection for a beneficiary Protecting assets from family law […]