Estate Practice Group

Estate Planning - Wills

Effective Estate Planning is an essential exercise in protecting and maintaining wealth down through the generations, and in ensuring that assets pass in an efficient way into the control, and for the use, of those for whom the assets are intended.

Our lawyers are trained to give legal advice and to prepare Estate Planning documents that are tailored to protect the legal position of your Estate, and those assets not held within your Estate. We can assist you with a wide range of Wills, including the following:

• Straight Forward Wills
• Modern Wills
• Wills with Testamentary Discretionary Trusts
• Wills benefitting disabled beneficiaries
• Wills for Beneficiaries who are asset protected
• Mutual Wills

For more information, download a copy of Estate Planning Essentials and Estate Planning Details and a glossary of common words used in Estate Planning – Glossary of terms for Wills and Estate Administration from Our Publications to assist you in considering your circumstances, and requirements.

Other Estate Planning documents will also often be required. For more information see Other Estate Planning Documents and Advice and Structuring and Asset Protection.

Back to TopStraight Forward Wills

Simple Wills are usually a myth and often are of lower quality as they do not take into account the advantages of a straight forward will drafted which considers accounting, taxation and superannuation issues, as well as beneficiary succession issues.   Even straight forward Wills, often referred to as “Mum & Dad” type Wills, require careful planning and drafting based on the law of Wills, trusts, superannuation and taxation.   Our straight forward Wills are tailored to your needs and your instructions.    We strongly discourage using a Will kit or other “do it yourself” packages, because there are complex legal issues involved in preparing a Will. 

For more detailed information on straight forward Wills, download a copy of the Frequently Asked Questions about Wills from Our Publications.

Back to TopModern Wills

Traditional Wills often use archaic language and are difficult to understand. The legal jargon used can be complex and may be ineffective. As a niche firm, with a strong practice in Wills and Estates, we have spent considerable time developing modern forms of Wills.

For more detailed information on Modern Wills download a copy of Modern Wills from Our Publications.

Back to TopWills with Testamentary Discretionary Trusts

For people with more complex circumstances, or those wishing to have tax advantages for their beneficiaries, or save assets for the family from "at risk" beneficiaries, Wills containing a testamentary trust or trusts may be appropriate, to preserve the family wealth for subsequent generations. Our testamentary discretionary trust Wills are individually tailored to your family circumstances. For more detailed information about testamentary trust wills, please download a copy of Testamentary Trust Wills from Our Publications.

Back to TopWills benefitting disabled beneficiaries

People with disabled children or other disabled beneficiaries can take comfort in knowing that there are special types of Wills to protect these beneficiaries. We can tailor a special Will to protect the interests of a disabled beneficiary.

Back to TopWills for Beneficiaries who are asset protected

Many people have adult children, or other intended beneficiaries, who already have their own complex business and personal Estate Planning structures in place. These types of beneficiaries may be what is called "asset protected". Where gifts are made to asset protected beneficiaries, it can often disturb the benefit of these protective structures, and create unintended and undesirable results. We can assist you to make a tailored Will taking these needs into account, so that all of your intended beneficiaries can benefit from your generosity, and reduce the risk to the family assets.

Back to TopMutual Wills

A mutual Will is a very specific form of Will arising from a contract between two or more people. Subject to family provision legislation, mutual Wills can be a useful Estate Planning tool for some families. Mutual Wills are not common, and require specialised drafting. For more detailed information about mutual wills, please download a copy of Mutual Wills from Our Publications.

 Back to Our Services

• Estate Planning - Wills

• Estate & Trust Administration

• Estate Disputes

• Other Estate Planning Documents and Advice

• Structuring and Asset Protection