ESTATE PLANNING AND ADMINISTRATION
Lifestyle Planning
Succession planning is commonly referred to "estate planning." "Estate planning" is, however, a misnomer in some ways - because succession planning incorporates not only your "estate" but also the care of your children and dependents, your business and importantly - you.
The following are a few examples of the types of "planning" which we consider when meeting with clients:
Planning for your incapacitation - which entails appointing a Power of Attorney for Health (Queensland)/Enduring Guardian (New South Wales). We recommend including Advanced Health Directive terms directly into your terms of the Powers of Attorney, although you can create a separate Advanced Health Directive should you wish. We deal with this topic more fully on our Powers of Attorney Page (click the underlined text and you will be redirected automatically).
Planning for the succession of your business in the event of incapacitation (if applicable) - which entails considering buy sell agreements, partnership agreements, key man insurance and automatic buy out rights.
Planning the protection of your children and dependents - which entails appointing Guardians to watch over your loved ones. We deal with this topic more fully on the Guardians Page (click the underlined text and you will be redirected automatically).
Planning for your death - which requires consideration of what your end of life wishes are. In other words, do you wish to be cremated or buried. What funeral or memorial arrangements do you wish to be employed, and other similar matters which are often difficult for your family to decide on their own.
Planning for the distribution of your wealth - which mandates an examination of how you hold your assets (in your own name, in superannuation, in Trusts, in Companies, in partnerships, in joint tenants, in tenants in common, in Australia, overseas, etc). A Will is not the only answer, and should not be considered the only vehicle which may be required.
Planning for the protection of your inheritance to your nominated beneficiaries - which considers whether your beneficiaries are exposed to risk, or would benefit from tax planning within the terms of your Will or succession vehicles. We refer you to our Wills and Testamentary Trust Page for further discussion of these points (click the underlined text and you will be automatically redirected).
We publish articles on various aspects of Succession Planning and welcome you to view our Articles Page.
If you would like to speak to one of our Estate Planning Team, please contact our office on (07) 5574 3560 or email info@nautiluslaw.com.au.
ARTICLES ON ESTATE PLANNING AND ADMINISTRATION
Inheritance received FOUR YEARS after separation available for splitting with former spouse!
Talk about unfair...or was it? In the matter of Calvin & McTier [2017] FamCAFC 125 (12 July 2017), the Full Court heard an appeal by a husband who argued that an inheritance received FOUR years after separation should not be included in the property to be...
Ouch – big tax mistake – home office and CGT
CGT and the small business home office - big tax mistakes The amount of Capital Gains Tax (CGT) you will be required to pay when you sell your home is calculated by multiplying the gross capital gains on the sale of your home by the percentage of business use over the...
What are my Executor’s obligations after my death?
Your Executor is responsible for the administration of your Estate and must consider payment of the necessary debts in doing so.
ELDER AND DISABILITY LAW
ESTATE LITIGATION – WILLS AND ESTATE LAWYERS
GUARDIANSHIP
POWER OF ATTORNEY
PROBATE AND ESTATE ADMINISTRATION
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Street Address: 4/37 Commerce Drive Robina QLD 4226
PO Box: PO Box 400 Varsity Lakes QLD 4227
Phone: +61 (07) 5574 3560 | Fax: +61 (07) 5574 0130
Email: info@nautiluslaw.com.au