Estate Practice Group

Structuring and Asset Protection

Estate Planning may involve the restructuring of existing assets or structures, and undertaking asset protection steps. This process will require careful attention to all of your Estate issues, and attention to the structures outside of your Estate that hold other family assets. Our lawyers are trained to advise and assist you in all aspects of structuring Will asset, protection, including advising about:

• Trusts
• Superannuation
• Business Succession Planning
• Farming Succession Planning
• Insurance

Back to TopTrusts

Trusts created during your lifetime, (often called inter vivos family trusts), or after death through your Will (often called testamentary trusts), are useful vehicles for preserving asset positions, reducing challenges to Wills and protecting family wealth for future generations. Our lawyers can assist you with all types of trusts, including discretionary trusts, family trusts, trading trusts, unit trusts, fixed trusts and hybrid trusts.

For more information on Trusts, download a copy of our notes on Trusts from Our Publications.

Back to TopSuperannuation

Superannuation is a complex area of law, and has significant connections to taxation law, trust law and Estate Planning. Superannuation may be held in several different forms. Any superannuation that you have can, affect your Estate Planning. Sometimes superannuation is paid into your Estate upon death, and at other times it will not be paid in that way, and will be paid direct to a beneficiary. How it is paid will affect your Estate Planning. Our lawyers can assist and advise you about the legal issues arising from how your hold your superannuation. We work with your accountant, financial advisers, and other advisers to assist you to obtain the best outcomes available.

For more information on Superannuation, download a copy of our notes on Superannuation or Superannuation – Binding and Non-binding Nominations from Our Publications.

Back to TopBusiness Succession Planning

If you own a business in any form, you will understand that it is equally important for you to "work on your business" as well as to "work in your business". Business Succession Planning is critical to the smooth transfer of business assets on death, trauma or tpd (a "totally and permanently disabling") events. Having an effective business succession plan in place reduces the issues and stress that arise when a business proprietor is suddenly unable to continue in the business. Our lawyers can assist you to prepare a comprehensive business succession plan and can work with your accountant and other advisers to ensure your position is properly protected.

Back to TopFarming Succession Planning

Farming Succession Planning is vital to ensure that proper, legal and tax effective transfer of farming property takes place between generations. We can assist you to structure your position to take advantage of the intergenerational farm transfer exemption for duty, and to otherwise maximise your outcomes and reduce risk exposure to your primary production assets.

Back to TopInsurance

Insurance is an effective method of protecting your wealth position if unforeseen circumstances arise. Although we do not hold a Financial Services Licence to enable us to advise you about insurance products, Our lawyers can work with your other advisers to assist you with all aspects of business and personal insurance requirements, and advise you about the legal consequences of holding insurance in various ways, and how that affects your Estate Planning.

For more information on Insurance, download a copy of our notes on Insurance 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