Estate planning is the process of preparing for the future by ensuring your assets are distributed according to your wishes, while also protecting your loved ones from unnecessary legal and financial complications. A proper Estate plan will inlude a Will and a powers of attorney that employs strategies to safeguard your wealth and provide security for those who matter most.
At Jacaranda Law, we understand that estate planning can feel overwhelming. That’s why we take a personalised approach to create plans tailored to your specific needs, offering clear and practical solutions. Wills and Estates is what we do, so when you meet with Jacaranda Law you can trust that you receive advice from a lawyer who understands the nuances of protecting legacies. Whether you’re concerned about protecting assets for the kids, providing for your family, or reducing potential disputes, our expert team works with you to ensure your estate plan shields your legacy and provides the protection your loved ones deserve.
Essential Plan
$1,100
inc GST. Discounts apply for Couples.
Heritage plan
$2,200
inc GST. Discounts apply for Couples.
legacy shield plan
$3,300
inc GST. Discounts apply for Couples.
A Will is a legal document that outlines how your assets and property will be distributed after your death. It allows you to appoint an executor to manage your estate, specify guardians for your children, and set out any other wishes for your estate. Without a valid Will, your assets may be distributed according to the laws of intestacy, which may not reflect your personal wishes.
The common misconception is that if you die without a Will the Government will take your assets. The Government will not take your assets (immediately) however, they did write the laws outlining who does. If you die without a Will (known as dying intestate), the distribution of your assets will be determined by the laws of intestacy in your state. This may mean your estate is divided among your relatives, regardless of your personal preferences. It could also result in lengthy delays and potential disputes among family members. Having a valid Will ensures your assets are distributed according to your wishes and provides peace of mind for you and your loved ones.
No, not all Wills are the same. While every Will serves the basic purpose of outlining how a person's assets will be distributed after death, the terms and provisions can vary greatly depending on an individual’s needs, wishes, and circumstances. Wills can include various clauses that address specific concerns.
For example, some individuals may include testamentary discretionary trusts, which allow trustees to manage assets for beneficiaries in a flexible, protective and tax efficient way; particularly for minors or beneficiaries who may need help managing finances. Others may choose to set up special disability trusts to provide for the ongoing care of a disabled family member, ensuring that they are supported without affecting their eligibility for government benefits. Similarly, simple protective trusts can be used to protect assets from being misused, often designed to safeguard the interests of vulnerable beneficiaries.
Wills can also contain specific provisions, such as a right to reside clause, which grants someone the right to live in a property for a certain period or until their death. Additionally, there are often personalised clauses that reflect a person’s unique circumstances or desires, such as setting conditions on gifts or making bequests for charitable purposes.
Ultimately, the contents of a Will should reflect the individual’s wishes and the complexities of their estate, which is why seeking professional advice is important when drafting one.
A Power of Attorney is a legal document that allows you to appoint someone to make financial and/or legal decisions on your behalf. You can say when this power begins, whether immediately or later, such as if you lose capacity. This person (called your attorney) can manage tasks like paying bills, selling property, or handling investments on your behalf. A Power of Attorney can be enduring, meaning it remains in effect even if you lose the capacity to make decisions yourself.
No, in Australia, an attorney and a lawyer are not the same thing. The term “attorney” can be confusing because:
A lawyer (or solicitor) is a qualified legal professional who can give legal advice, represent you in legal matters, and prepare legal documents. Like our Wills and estate lawyers here at Jacaranda Law!
So, the person you appoint as an attorney under a Power of Attorney doesn’t need to be a lawyer—they simply need to be someone you trust to act in your best interests, such as a friend or family member.
An Advanced Health Directive (AHD) is a document that outlines your medical wishes and instructions in the event that you are unable to make decisions due to illness or incapacity. It provides directions to healthcare professionals and loved ones about the types of medical treatments you would or wouldn’t want, ensuring your wishes are respected in critical health situations. An AHD goes beyond an Enduring Power of Attorney because instead of trusting an Attorney to make certain health decisions for you, directions have already been made by you in the AHD!
Superannuation benefits do not automatically form part of your estate and are not automatically dealt with in your Will. Instead, they are managed separately by your superannuation fund trustee. A binding death nomination (BDN) is a directive you make to your super fund, specifying who should receive your superannuation benefits upon your death.
For industry and retail super funds, a binding death nomination is typically straightforward. You nominate a beneficiary (such as a spouse or child), and the trustee must follow this nomination if it meets legal requirements, such as being in writing, signed, and witnessed. These nominations generally need to be renewed every three years.
For self-managed super funds (SMSFs), the process is more complex. SMSF members have more flexibility in how they structure their nomination, but it must comply with the fund’s trust deed. The trustee may also need to follow additional formalities to ensure the nomination is valid.
In all cases, a binding death nomination ensures your superannuation benefits go directly to your chosen beneficiaries, bypassing the trustee’s discretion. In otherwords, if you want your Super to go directly to an eligible person (or your estate) you should tell your Super fund that!
Ipswich Wills and Estates Lawyers