Estate planning is the strategic “thinking ahead” required to protect your assets during your lifetime and to ensure that these assets pass on to your chosen beneficiaries upon death.
It is important to obtain such advice from an Estate Planning Lawyer for the following reasons:-
- to ensure your financial affairs are dealt with smoothly and quickly upon your passing without the need to pass on costly legal procedures or heartache to your loved ones;
- to arrange your financial affairs so that your assets are protected as best as possible from legal claims during your lifetime and are passed on to your intended beneficiaries in the most tax effective manner upon your death; and
- to reduce the risk of any possible challenge to the manner you have passed on your assets by any disappointed family member who has been left out of your Will.
Assets Falling Within and Outside the Scope of a Will
Estate planning is more than simply preparing a Will. In fact, many assets fall outside the scope of a Will and cannot be passed on to a beneficiary under the terms of a Will including real estate held as joint tenants, joint bank accounts, investments held under a family trust, superannuation accounts and insurance policy benefits. Hence, it is important to obtain estate planning advice from an experienced Estate Planning Lawyer to ensure that all your assets will be inherited or controlled by your loved ones in the manner you intend upon your passing.
Considerations in Estate Planning
Estate planning includes the following considerations:
- the assets that can be distributed under a Will;
- the assets that fall outside the scope of a Will;
- preparing the terms of your Last Will and Testament;
- who will get your superannuation benefits;
- is your nomination made under your superannuation account valid and binding;
- who will control your family trust upon your death and whether your intended beneficiaries will benefit from the family trust;
- the passing of real estate to your beneficiaries;
- the passing of control of business entities;
- the risks of claims against your assets by creditors and potential claimants during your lifetime and after your death;
- the risk of any claims against your estate under inheritance laws;
- the gifts to make during your life or upon death to minimise tax payments and claims against your estate; and
- tax considerations that will impact on the way you intend to pass on your assets to your loved ones.
Contact Roberston Hayles Lawyers
At Robertson Hayles Lawyers we have the proven expertise and experience in estate planning to provide you with legal solutions tailored to meet your short term and/or long term estate planning needs in a cost efficient manner.