WILLS, ESTATE PLANNING & ASSET PROTECTION
Properly done estate planning by an experienced wills lawyer is the best insurance to protect you, your business, your assets and most importantly, your family.
COST EFFECTIVE WILLS AND ESTATE LAWYERS MELBOURNE
Many unforeseen and unanticipated circumstances may arise that could lead to your wealth going to unintended places.
Every adult should have a Will in place. A will is an important document in your overall estate plan, where you can decide how your estate is divided and who will receive your estate. However, there are many other important elements that must also be considered to fulfil your wishes and provide the best outcomes when it is needed most.
A well structured estate plan and asset protection mechanisms can maximise your wealth while minimising the risk of loss on you, your family and your business. A good estate plan ensures that you are in control of your assets while being adaptable as your circumstances change.
Everyone’s financial situation, family and goals are unique. Our wills lawyers and estate planning lawyers are committed to working hand in hand with you to create an effective and tailored plan – which is what is important! Whether you want to reduce future uncertainty, create directions or leave a lasting legacy, our wills lawyers and estate planning lawyers can assist you.
EXPERIENCED WILLS AND PROBATE SOLICITORS TOORAK
Our team of experienced wills lawyers can help you with:
Drafting Wills
Our wills lawyers can help you by drafting your new will tailored to your unique circumstances.
Advice And Preparation Of Testamentary Trusts
Reviewing Existing Wills
Our wills lawyers can review your existing wills and estate plans to provide you with advice on clauses or determine whether it is up to date and appropriate for your circumstances.
Challenging Wills Or Contesting Wills
Challenging a will occurs where the validity of the will is put into question.
Contesting a will occurs when there is not question as to the validity of the will itself but that a person believes that they have not been adequately provided for by the terms of the will.
Disputing a will is any other dispute to a will, this may include asking the court to determine the meaning about an uncertain term to a Will.
Powers Of Attorney
Should you loose capacity or be unable to act on your own behalf, you can appoint someone to act on your behalf for personal, medical and financial matters. These powers of attorney include:
- Enduring Power of Attorney
- Appointment of Medical Treatment Decision Maker
- Advance Care Directives
Obtaining A Grant Of Probate
Mimise And Mitigate The Risk Of Claims To Your Estate
Estate Planning
Estate planning can be a daunting and complex process. Our estate planning lawyers can help you navigate the process and get your overall estate plan in place giving you peace of mind your wishes are followed through.
PROMPT AND HIGHLY QUALIFIED WILLS LAWYERS
why our clients choose us?
WHEN SHOULD YOU UPDATE YOUR WILL?
why our clients choose us?
There is no set age which you should get your Will drafted, but if your over the age of 18 it is a good idea to get one in place.
If you already have a Will, your Will should be reviewed frequently to ensure it is up to date and therefore effective when it is needed most. It is a good idea to review your will:
- Every three years
- When there is a birth of children in the family
- The passing of a loved one in the family
- If you, or a family member such as your children, gets married or into a long term relationship
- Divorce or separation of yourself or a family member
- Acquisition or sale of property or investments
- Other significant changes of circumstances
ASSET PROTECTION
TESTAMENTARY TRUSTS
Testamentary Trusts are a crucial part of estate planning and very effective in protecting your estate. Testamentary trusts are not a copy and paste document and require careful attention to detail by a qualified lawyer with the skills and experience to draft them tailored to your personal and family circumstances to be effective.
Testamentary Trusts are becoming more and more popular due to their many advantages, in particular, their unique asset protection and taxation advantages, as well as flexibility and control over how assets are distributed to beneficiaries. They are a very effective estate planning tool to provide for spouses, children and grandchildren.
So, How Do Testamentary Trusts Work?
A Testamentary Trust is created under a Will and comes into play once a person passes away. the assets held in the Testamentary Trust are controlled by the trustee and the benefit of the income, investments, and capital of the trust are passed to specifically chosen beneficiaries. it is this separation of ownership which is how beneficiaries and your wealth are protected, and your estate is shielded from attack by third parties.
The asset protection advantages of testamentary Trusts can include:
- protection from creditors when facing bankruptcy and creditors – commonly where there are bad business decisions, or acting as a guarantor for another party
- protection of assets from a breakdown in marriage or separation if there is de facto relationship break down
- protection of distributions from Will challanges
- protection for beneficiaries in high risk jobs or business where they can be subject to litigation
- having the power to determine who gets what and how
- prevent unintended people from taking your hard earned wealth
- minimise family conflicts with inheritance
- prevent beneficiaries from wasting inheritance
- keep your wealth in your bloodline
- ensuring your wishes and intentions are followed through
- create a greater taxation advantageous position for beneficiaries
- create in place strategies for wealth generation for future generations
Another element that can be included in your personal estate plan, are Binding Financial Agreements. Binding Financial Agreements are colloquially referred to and known as prenuptial agreements, or postnuptial agreements. Click Below for more information about Binding Financial Agreements.
PROBATE LAWYERS
If is often mistakenly assumed that a Will may be affected immediately once the Will maker has passed, however, this is not always the case. Before a Will can be acted upon, the Court will need to grant probate.
Probate is a legal process where the court determines whether a Will is value and authentic.
In the State of Victoria, probate is determined by the Supreme Court of Victoria and it is usually applied for by the executor named in the Will.
When probate is granted, the executor is given the legal right to be able to act in accordance with the directions set out in the Will, manage the estate, distribute the assets and capital to the beneficiaries and carry out the intentions of the Will maker. This includes allowing the executor the ability to deal with real estate and have access to bank accounts.
There are very limited circumstances where probate may not be required, but it is important to know what actions are necessary when dealing with a deceased estate ignorer to effectively and efficiently manage the estate and ensure all legal responsibilities are fulfilled.
HONEST TREATMENT CLEAR ADVICE SMART STRATEGIES
LET'S WORK TOGETHER
We know that your case is unique and therefore, so is our approach.
Our lawyers at Natalex Lawyers are dedicated to providing you with professional and high quality legal advice tailored to your unique circumstances.
Opening Times
- 8:30 am - 6:00 pm
- Monday to Saturday
Call Us!!
(03) 9824 2222
Call today to speak directly and immediately with a lawyer
Enquire Here
Fill out the enquiry form and we will get back to you as soon as we can
Building Lawyer Melbourne | Building Disputes Lawyer | Building Disputes | VCAT Lawyer | VCAT Building Lawyer | VCAT Building and Construction | Domestic Building Disputes | Commercial Building Disputes | Experienced Building Lawyer | Melbourne Building Lawyer | Building Contract Lawyer | Building Contracts Lawyer | Joint Venture Agreement Lawyer | Partnership Agreement Lawyer | Building Business Lawyer | Defective Building Work |Domestic Building Disputes Resolution Victoria (DBDRV) | Domestic Building Contracts Act 1995 (Vic) | Building Act 1993 (Vic) | VBA Victorian Building Authority | Building Invoices | Building Insolvency | Provisional Sum | Prime Cost | Building Payment Dispute | Building Work Dispute | Construction Lawyer | Construction Lawyer Melbourne | VCAT Building Mediation | VCAT Building | VCAT Property Dispute | VCAT Building and Property | Building Court Lawyer | Building Supreme Court Lawyer | Building Magistrates Court Lawyer | Building Lawyer City Council | Building Lawyer Toorak | Building Lawyer Brighton | Building Lawyer Prahran | Building Lawyer Bayside |