Estate Planning Resources

Estate Planning Resources

Here we provide you with a treasure-trove of resources to get your estate planning in order.

We start with some material covering the basic issues, and then delve into some of the more complex issues towards the end.

If you find all of this information overwhelming, and you just want us to sort it out for you, then call us now on 1300 654 590 or email us and speak with one of our experienced and friendly lawyers.

An introduction to estate planning

Read these articles to get a grounding on the key issues you need to think about when getting your estate planning in order:

Why you must keep your estate planning up-to-date

Getting your estate planning up-to-date. Part 1: Ownership of Assets

Getting your estate planning up-to-date. Part 2: Who gets what?

Getting your estate planning up-to-date. Part 3: What happens if you’re incapacitated for a period of time?

What happens if you can’t make decisions for yourself?

These articles are about documents you can put in place so people can make legal, financial, business and health decisions for you if you become incapacitated:

How effective is your Enduring Power of Attorney? You may be surprised!

Who will make decisions about your health and welfare when you can’t? (Advance Care Directives, SA)

Essential things you need to know about SMSFs with only 1 member

Who can witness an affidavit in South Australia?

Who can witness an Enduring Power of Attorney in NSW?

Why should you use ‘testamentary trusts’ in your Will?

Most people need to seriously consider using testamentary trusts in their Wills. This is because they help protect the assets you are giving to the next generation, as well as minimise tax:

What is a Testamentary Trust and why would I need one?

Why use a testamentary trust in your Will?

Find out what you can do with a ‘testamentary trust’ in your Will

Yes, you do need a testamentary trust

Education Testamentary Trusts

Effective estate planning for blended families and step-children

Blended families present particular challenges for estate planning. But there are great strategies you can put in place to balance the legitimate interests of both your current partner and your kids from your previous relationship:

Can your partner change their Will after you die?

Mutual Wills

Binding Financial Agreements

Dealing with your super when you die

More and more of our wealth is ending up in super. Making sure the right people end up with your super should you die before being able to use it all yourself is critical to a successful estate plan:

It’s official. Super isn’t part of your estate.

Getting creative with your super nominations

Podcast: What will happen to your super when you die?

Why do I need to think about what happens to my super when I die?

Some resources aimed at Self-Managed Super Funds (SMSFs)

Self-managed super funds are a great way to hold wealth in super – mainly because you get so much control. However, with this control comes responsibility, including making sure your super ends up where you intend if you are no longer around to control the fund:

How to keep control of your Super

How to direct particular super assets to particular beneficiaries

Essential things you need to know about SMSFs with only 1 member

Why you need a succession plan for your SMSF

How do I use superannuation to minimise taxes, protect and build wealth and provide tax-effective benefits for me and my family in my retirement and on my death?

Business succession and your super fund

Who will control your family trust when you die?

Family trusts are another great way to hold and protect family wealth, but you need to put in place a deliberate strategy to ensure that the control of your trust (and the underlying assets) passes to the right people:

Download our comprehensive guide on controlling your family trust when you die

How to make sure the wealth in your family trust ends up where you intend

Special disability trust – Briefing Note

Some other issues to think about

Here are some other resources that may be relevant to your situation, particularly if you are a farmer:

Who gets the farm?

‘UPEs’ and ‘FMDs’, and your estate planning

Preparing for your ‘digital afterlife’: our 5-step approach

Separation and your estate planning (family law)

How to prepare for a meeting with us

When you have done a bit of reading and are ready to get on with it, here are a couple more issues to consider:

4 key things to think about before you start your estate planning

Are you looking for a professional executor, trustee or attorney?

What is the next step?

Call us on 1300 654 590 or email us  and speak directly with one of our experienced and friendly lawyers.

We will help you understand what you need to do, and then guide you through the process.

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If we sound like people you can work with, call us now on 1300 654 590 and speak directly with a great lawyer.

​​Caveats are not security interests​

​​Caveats are not security interests​

You have loaned someone money in relation to a property, and in return the borrower has agreed to give you an interest in the property. You lodge a caveat, but you are worried about whether you are properly protected if the borrow does not repay you.

Caveats are a protective mechanism that play an important role in property law. However, a caveat is not a ‘security interest’ in the traditional sense, and it is important to consider whether a caveat is the appropriate tool to safeguard your interest.

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