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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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.

 Estate Lawyer.

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 expiries after a certain period. It is important you speak to your superannuation fund and an experience 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 in 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 as this will include an Enduring power of Attorney, Medical Decision maker and Advanced care directive which will give your loves ones piece of mind, direction and authority to make decisions on your behalf if you even became incapacitated. Taking the steps to prepare these documents before they are needed save your loved ones the stress of needing to obtain advice on how to make these decisions for you if you become incapacitated.

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.

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What our clients say…

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.

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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.

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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.

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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.

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Teodor

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.

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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

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

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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

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

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

Simon

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

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

We will be in touch as soon as possible to discuss your matter.

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