Making a will
We will also assist you in creating an estate planning to:
- Minimise taxation consequences of your passing;
- Protect those who are your priority;
- Make provision for your children and minor beneficiaries; and
- Minimise the risk of your estate becoming contested successfully should your circumstances be complex.
Prior to attending with one of the Solicitors at Honor Legal Services, we ask you to consider the following questions:
2. Do you want to appoint more than one Executor?
3. In the circumstances where they cannot be your Executor/Executors who do you want to be your Alternate Executor?
4. Are there any specific gifts you would like to give? If so, what are they and who would you like to give them to?
5. Where would you like the residual of your Estate to go? Would you like to give it your Wife/Husband, your partner, your children, or any other third party?
6. Are there are minor beneficiaries of the Estate? If so, would you like to appoint a separate Trustee as opposed to the Executor to manage the Trust monies pending your minor beneficiaries coming of age? How old do you want the minor beneficiaries to be before they can access their inheritance?
7. Do you have any infant children? If so, who would you like to appoint as the guardian of your children should you pass away prior to them attaining the age of 18?
8. Do you have any requests for burial or cremation? And if so, are there any specific details you would like to include within your Will?
9. Are you an organ donor? If so, would you like this request to be included in your Will?
But my circumstances are complex?
- Multiple marriages/relationships and children from each relationship;
- Divorces and Marriages;
- Interplay between Family Law and Estates;
- Interplay between Family Trusts, Self-Managed Superannuation Funds and - Corporations and Estates;
- Not including ‘provision’ for those who may be entitled to provision;
- When a person whom would otherwise be entitled to provision in the estates, but has acted in a way that ‘disentitles them’ to provision;
- Complex gifts;
- forgiveness of debts;
- Disabled beneficiaries; and
- Minor beneficiaries.
There are many more situations wherein specialised knowledge is required to ensure that proper provisions are made and your wills and estate plan is considered carefully.