Estate Planning

Most people referred when asked want a “Simple Will”, but through our unique Discovery process we often identify things that they may not have considered or may fall outside a simple Will. Our estate flowchart helps to illustrate key elements to make the process simpler:

  • Family Trust succession
  • Business Partnership linkage to the estate
  • Linking Super Funds to the estate
  • Blended family/Family Loans requiring further explanation via a letter of wishes
  • Protecting loved ones from the threat of “predators & Creditors” through Testamentary Trusts
  • Identifying correct distribution of assets and applying equalisation clauses where appropriate
  • Discussions around unencumbering the estate via Life insurance
  • Dealing with a family member with a disability – special disability trusts

Most clients want to simplify their affairs and for their Will to act like the “Conductor” of all their affairs so we need to link their Will to non-estate entities where possible and provide clear lines of communication via the use of letter of wishes, Succession Directory and communicating to all relevant parties the client’s wishes.  

The estate flowchart provides a great starting point for families to begin the conversation of how their estate works and is a good reminder that a simple Will may not always capture their estate vision.

Estate Vision Flowchart

Distribution of Assets via your Will

Your Estate Assets

Linking Will to Non-Estate Assets

Payment of debts and assets

Succession Appointor

BDBN to LPR

Executor
Roles & Responsibilities
Your Will

Distribute the residue of the Estate to Lineal Descent

Link to Wills

Search for Agreements

Establish Testamentary Trusts

Definition: Testamentary trusts are created by a Will to provide a greater level of control & protection over the distribution of assets to beneficiaries.

For the primary benefit of:

  • The survivor of you;
  • Your lineal descendants; and
  • Related entities (trusts and companies).

To be managed by your trustees, the surviving spouse and then the survivor of them.

Final Beneficiary (Calamity Clause)

Definition: People or institutions designated to receive life estate trust property outright upon the death of a life beneficiary.

(if any beneficiary has failed to survive you, then their share passes to their children, if any).

Legend

BDBN – Binding Death Benefit Nomination

LPR – Legal Personal Representative