What is Estate Planning?

Estate planning is preparing your affairs and the relevant documents to ensure that your loved ones can manage your affairs in the event you become incapacitated or your passing. This provides your loved ones with your direction and guidance to ensure your wishes are upheld regarding your estate and any direction for your care and welfare if you become incapacitated.

What is a Will?

A will is a legally enforceable document that sets out your wishes and directions for your loved ones in the event of your passing including how you would like your assets distributed, whether you would like any gifts to be given and whether you would like any specific gifts to be made to charities. You can also include directions for the care of any minor children, and any burial or funeral requests.

Benefits of a Will

  • You have the control to choose you to want to be your executor and administer your estate.
  • You can adequately provide for any minor children and ensure they are being taken care of by a person you trust.
  • You can give particular loved ones specific gifts or a part of your estate and you can give gifts to charities.

What is a Testamentary Trust Will?

A testamentary trust Will, upon death, establishes one or more discretionary trust which protects assets or protects certain persons from being entitled to your estate.

These kinds of Wills are only necessary if you have a complicated personal or business affairs structure, you are seeking to protect your assets from a particular person, you wish for your beneficiaries to be entitled to their inheritance upon criteria, and other circumstances.

Not everyone will need their Will to be a testamentary trust Will. If you would like advice regarding what kind of Will is most suitable to your circumstances, contact us today to arrange a consultation with an experienced Wills and Estate Lawyer.

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  • Post Separation Assets

Post Separation Assets

5 October 2021|

How post-separation assets are treated by the Family Court? The date of separation, and therefore, the timing of a contribution to an asset made post-separation by one party, can be very relevant. A ...

Single Will

$550
  • Consultation with an expert Wills & Estate Lawyer
  • Legally sound Will written by our expert Will & Estate lawyer
  • Hard Copy and electronic copy for you to keep
  • Will kept on file for you
  • Fixed fee pricing

Couples Wills

$660
  • Consultation with an expert Wills & Estate Lawyer
  • Legally sound Will written by our expert Will & Estate lawyer
  • Hard Copy and electronic copy for you to keep
  • Will kept on file for you
  • Fixed fee pricing
  • Discounted pricing

Single Estate Plan

$1,100
  • Consultation with an expert Wills & Estate Lawyer
  • Legally sound Will written by our expert Wills & Estate lawyer
  • Hard Copy and electronic copy for you to keep
  • Plan kept on file for you
  • Fixed fee pricing
  • Enduring Power of Attorney
  • Medical Treatment Decision Maker
  • Advanced Care Directive
  • Statement of Wishes

Couples Estate Plan

$1,500
  • Consultation with an expert Wills & Estate Lawyer
  • Legally sound Will written by our expert Wills & Estate lawyer
  • Hard Copy and electronic copy for you to keep
  • Plan kept on file for you
  • Fixed fee pricing
  • Enduring Power of Attorney
  • Medical Treatment Decision Maker
  • Advanced Care Directive
  • Statement of Wishes
  • Discounted pricing

Other Estate Planning Documents

Other documents which included in Estate Planning are:

  • Enduring Power of Attorney;
  • Medical Treatment Decision Maker; and
  • Advanced Care directive.

An enduring power of attorney is a formal document that empowers a person to act for you in a legal and financial capacity, in the event you are unable to, or you have become incapacitated.

A medical Treatment Decision Maker is a formal document where you appoint a person/s to act for you in making medical decisions on your behalf if you become incapacitated.

An Advanced Care directive provides instructions to your medical decision-makers about your values and wishes in the event you become unwell and unable to care for yourself.

All these documents are valuable estate planning tools as they inform those you are entrusting to make decisions for you. It is important to have these tools in place in case of the worst, to save your loved ones the stress of needing to seek legal advice to ensure your proper care and wellbeing.

When should I update my Estate Plan or Will?

Your Estate Plan or Will should be updated any time there is a significant change in your life or your wealth, for example, any time you:

  • Buy or Sell Property
  • Have Children
  • Marry or Separate
  • Start a Business
  • Refinance Property

Keeping your Plan up to date ensures that your wishes are followed and your loved ones do not enter prolonged probate.

of needing to seek legal advice to ensure your proper care and well being.

Should I use an ‘Online Will Kit”?

You can, these Will kits are an attractive option to save money on planning your estate. They are generally suited to younger people with little wealth and assets who do not own property or a business and wish to leave their assets to immediate family. These Kit’s should still be updated when there are significant changes in your circumstances.

Even while Will kits may be appropriate for some, they can be risky as there are formalities and requirements which must be met to prepare a legally enforceable Will. While preparing your Will with an experienced lawyer may be a small investment now, it can save your loved ones the added stress and cost in the future if your Will was not accepted by the court during the probate application. Your estate doesn’t need to be wasted on lawyers and fees and can directly benefit your beneficiaries.

Online or ‘mail in’ will kits are not suitable if you have accumulated wealth and assets such as property, investments, or you run your own business. Complex Estate Plans should be created after a Face-to-Face consultation with an expert Will and Estate Lawyer.

Wills and Estate Lawyers – Fixed Price Packages

The Family Lawyer makes estate planning easy. We walk you through each step of the process with an expert Family Will Lawyer to make sure your vital legal and medical documents are in order to give you peace of mind.

Wills and Estate Planning are often left until we are longer in the tooth, but the truth is we need to have a succession plan in place as soon as we start accumulating wealth or a family. Have you recently bought your first home, married, started a family? Now is the time to think about what you can do to protect your wealth and loved ones.

At The Family Lawyer, we create your Will the same way we prepare our own and those of our family, and we keep a copy on record so that you don’t have to worry if you lose a document.

NOT SURE WHERE TO START? ASK OUR LAWYERS.

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Frequently Asked Questions

Yes you can appoint more than one person to be your executor in the first instance, and they can jointly carry out their duties in administering your estate. You can also appointment someone in substitution in the case your first executor/s is unable to act for any reason.

It is impossible to avoid your estate being challenged as there is specific legislation which entitles certain people to challenge your estate if they meet the criteria. If you have a concern about your Will being challenged, we can assist in minimising the risk of your Will being challenged in conforming with all requirements and formalities and providing you with specific advice to avoid a challenge. It is important to have your Will prepared by a competent and experienced Will Lawyer as they have experience in preparing effective Wills. If you would like advice about the risk of your estate being challenged and how we can minimise this risk, contact us today to book a consultation with an experienced Wills Lawyer.

Superannuation does not automatically form part of your estate as legislation specifically provides for superannuation to be dealt with external from your estate. It may form part if your estate if you complete a binding nomination to your executor and/or estate. However, this expires after a certain period. It is important you speak to your superannuation fund and an experienced lawyer about your superannuation and your Estate planning to comply with the necessary steps if you want your superannuation to form part of your estate. Contact us today to book a consultation with an experienced Wills Lawyer to discuss any concerns you may have.

This decision is up to the individual. We highly recommend an estate plan that includes an Enduring Power of Attorney, Medical Decision maker, and Advanced care directive. This will give your loved one’s peace of mind, direction and authority to make decisions on your behalf even if you become incapacitated. Taking steps to prepare these documents before they are needed is highly advisable.

Not necessarily. There is specific legislation that states that in the absence of a Will, money will be given to specific relatives. If everyone in the list of relevant relatives is exhausted, then your estate may go to the government. This is very uncommon as the legislation provides a relatively long list of those who will be entitled to your estate before this happens.

Superannuation death benefits do not automatically form part of the estate. Although a provision in a will can be of assistance in indicating a person’s wishes, it is usually not binding on the trustee of a superannuation fund.

To contest a Will careful consideration needs to be made to the reasons as to why you would do so. You may contest a Will based on the capacity of the Will maker or if you have been left unfairly out of a Will. An application to the Court will be necessary to challenge a Will. As very strict time limits apply to lodging an application to contest a Will of a deceased Estate, it is important that get legal advice urgently.

Many people appoint their partner, lawyer, a close friend or relative as the Executor of their Will, and often this is meant as a mark of respect and trust in their abilities. You should carefully consider who you appoint, as it can be a difficult task, particularly during the grieving period and when emotions are running high.

Your Executor should be someone you trust, someone who can make wise financial decisions and someone who is not very likely to pass away before you.

There are many reasons you may need to consider updating your Will; such as:

(a)              Relationship changes:

  • Have you recently married?
  • Have you begun a de facto relationship since you drafted your Will?
  • Have you separated or divorced?

(b)              Financial Changes

  • Have you retired?
  • Have you had a notable increase or decrease in wealth?
  • Do you no longer own an asset specifically gifted under a previous Will?
  • Do you wish to gift a specific asset?

(c)              Family Changes

  • Do you have any new children or grandchildren?
  • Has anyone named in the Will passed away?
  • Do you have any new obligations, such as looking after an elderly parent?

(d)              Have the needs of family members changed, for example: recent disability, divorce, bankruptcy?

  • Is your Executor still suitable?
  • Has there been any family conflict and do you wish to leave someone out?
  • Has there been any family resolution, and you wish to add someone in?
  • Have you established a new business, family trust or self managed super fund?

If you answered yes to any of the questions above, you should consider changing your Will.

New changes should mean a new Will.  Once executed, a Will should not be added to, be pinned or stapled or have a paper clip attached to it, as this may cause your Will to be contested later on. If a Will is to be changed or revoked, it must be correctly done, or there may have disastrous implications. To ensure no complications arise from any changes you wish to make, you should create a whole new Will and destroy the old one. Be sure to keep your Will in a safe place and that your Executor knows where to find it.

Let us do the heavy lifting for you.
Start your journey informed and with confidence.

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What our clients say…

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

Really happy with their service. Thank you.

Teodor

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

What our clients say…

Kristdel and the team have just helped me through a very difficult time. They were very professional, experienced and caring. I highly recommend The Family Lawyer.

Patrick

Thank you Kristdel for doing both our Wills, very professional, helpful, friendly and efficient. Highly recommended.

Linda

Thank you so much Kristdel! I was stressing about my separation and what it would involve and Kristdel could see I was very anxious so she let her black lab come into our consultation! It was so calming, I can’t thank you enough for being so empathetic.

Harleigh

Extremely happy with the service I got, Christian was very professional and responsive he made sure everything was ready and nothing was left to chance. I got an outcome beyond what I expected!They were very accomodating with their fees.

Scott

Excellent service, they managed to show compassion for my stupidity, we laughed together

Elizabeth

Kristdel helped with some much needed clarity in regards to financial obligations of a separation. Highly recommended

Simon

Kristdel is an amazing lawyer. That’s the vibe I got, from the first initial call. Very happy with the service, very professional and prompt, no jargon, 100% committed to my needs. Quick to respond and very thoughtful.

The Local Gardener

The team at the Family Lawyer were amazing. Kristdel was so calming and really helped me out during a hard and emotional time. She was upfront about how much everything was going to cost and kept things on track so it didn’t drag on. I don’t know where I would be without her. Thank you!

Kent

Really happy with their service. Thank you.

Teodor

During this stressful time, I found Kristdel at The Family Lawyer to be particularly helpful. She demonstrated great empathy and responsiveness. She clearly outlined the options available to me, the pros and cons of each together with her final recommendation. As a result, I was confident that I was well informed and that she understood what was important to me. The issue was also resolved promptly and with a highly satisfactory outcome.

Matt

I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.

Chamara

I had a really good experience the last few times I have visited their office. Great group of people to have on your side.

Sohail

Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn’t be more thankful for the great service.

Jaqcui

Our Wills & Estate Lawyers prepare fixed fee Wills and Estate Planning packages.

If your Will or Estate Plan is more complex we will contact you to discuss your options and find a solution that suits you.

We understand that creating, and even updating you will can be daunting and confusing you can call us on 03 8657 3751
for a f
ree 15 minute assessment to work out what would work best for you. Or you can contact us using the contact form and we’ll get back to you with some straight forward advice.

Book Your Consultation Today

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