Protect your family. Prevent disputes.

WILLS

Plan for the future.

You’ve worked hard to be in the position you are in. Let us help you protect it .

Don’t fall into the trap of putting off drafting or revising your will or estate planning. Protect your assets. Protect your family. Careful drafting and practical planning will save your loved ones from suffering financial and emotional turmoil that can easily be avoided.

Too often the preparation or review of a will or other estate planning documents are left on our “to do” list. We know it’s important – but somehow we find ourselves not getting around to it. Or if we did, it was a considerable time ago and not done thoroughly. Of course, the consequences of doing so can be catastrophic. We all know we will need to rely on at will – it’s just a matter of when. If you’ve been putting off this important task you are probably exposing your loved ones to a real likelihood of complications, family disputes and financial woe that will come at a time when they are suffering already. What’s more, you could be costing your estate tens of thousands of dollars or more in lost funds: through assets being channelled to unintended recipients or through legal costs in resolving disputes between the family. Take the test below and see if you are in a position where you need your will reviewed. If so, let us help! We pride ourselves on being thorough and efficient. We’ll take the burden off your shoulders and make the process as simple as we can. Act now and give yourself the peace of mind knowing you have protected your family.

Hear what our clients think

My husband and I saw Donna to organize wills and advanced health directives.
We were very impressed with her knowledge and attention to detail.
Just as importantly, for us though, was her care and compassion in discussing issues around our families.
We have been more than happy to recommend Donna and her team to other members of our family.
Jenny, The Gap

Are you at risk with your present arrangements?

Find out by taking the simple test below and learn whether you could benefit from the superior help and support Premier Legal Solutions offers.

Will need reviewed? Take the test:

Since preparing your last will have any of the following happened:

  • Bought a house or other asset of substance?
  • Had any, or more, children?
  • Become a director or other office holder?
  • Changed partners or relationship status (married, divorced or separated)?
  • Fallen out with any family members (even if they were not named in your will)?
  • Have you learned your child will have high needs or be dependant on others without you?
  • Have you established a trust or set up a company?
  • Have you set up or changed superannuation funds?
  • Has your SMSF asset pool increased?
  • Have you changed your thinking about what others should do if you are in a life threatening condition and are unlikely to recover full functioning?
  • Have you purchased any property in joint names with others?
  • Has there been any deaths in your extended family?
  • Given a substantial gift to one child in preference to others?
  • Prepared your binding death nomination for your superannuation without looking at your will?
  • Did you use a will-kit or get a cut-price will?

If you answered YES to any of the questions above you probably need to urgently prepare a new will.

Dangers of a bad will:

An ill-considered or poorly drafted will can cause significant tension between family and can cause such strain that some relationships are permanently broken.

Have you inadvertently deprived a child of funds (e.g. by gifting an asset that has already been sold by the time of death)? Have you assumed a beneficiary will get your superannuation and so left them little in your will – but incorrectly completing the super nomination form (thus depriving them of any tangible assets).

Have you intentionally left a child out of your will (perhaps because you’d loaned them money) but not explained your reasons?

Have you left your estate open to attack by aggrieved members of the extended family?

These and many other issues can cause significant tension between members of your family. Don’t let money be the wedge that divides your family after you pass. A well drafted and thoroughly considered will can drastically reduce any areas of contention and lead to greater harmony following death.

The way in which you structure you will can have a substantial bearing on the tax payable. Make sure your estate isn’t unnecessarily burdened by tax payments.
If you don’t structure your will and superannuation arrangements in a complimentary fashion it can lead to your Executor being placed in a position of conflict (e.g. if they want to carry out a distribution of superannuation funds to themselves in accordance with your wishes). If a conflict arises a new person (who you haven’t nominated) will likely need to be appointed as the Executor. It’s a messy, lengthy and expensive process. Good estate planning can avoid that.
Think family won’t bring legal claims? Think again. It is happening with ever increasing frequency. The days of courts strictly upholding the terms of a will have long gone.

If you haven’t given proper consideration to all family members (direct family and more distant relations) in your will and other planning material you will open the door to law suits.

If potentially interested parties are left out and no explanation is given for that it creates a real risk of attack. It isn’t just children, siblings or parents who can claim. Any person claiming to be dependant on you can claim. Recent examples include step-children (who have had no contact for decades), children of a former partner (who are not your own), children who have broken all ties with you and so on.

Those law suits then burden your family and the Executor who will need to defend the claims, dilute the estate funds in legal costs and freeze access to the estate (while the dispute drags on) causing significant financial grief to all.

Don’t let a poorly considered or badly drafted will pave the way for legal claims.

The role of an Executor is an unenvious one. They are being asked to take on significant administrative and other responsibilities at a time of great sorrow. They are often required to be the book-keeper, the house keeper, the personal assistant, the counsellor, the mediator and many other roles.

Don’t place any greater burden on the Executor than is absolutely necessary. When disputes arise it’s the Executor who needs to resolve them – often having to use their own finances up-front to fund the associated legal costs.

A well drafted and properly considered will can drastically reduce the number of matters that can be contested. The simpler you make it for your Executor the faster access your beneficiaries will have to the estate funds.

The more ambiguous your will is and the greater you leave the door open to law suits by aggrieved parties the more legal cost swill be incurred by your estate.

Don’t let your hard earned finances be eroded by legal costs. A proper and early investment of time into your will now will save your family thousands if not tens of thousands of dollars and lead to an efficient and speedy distribution of your estate assists.

Poorly considered and badly drafted wills lead to ambiguities, unintended consequences and aggrieved family members. All of those matters lead to a much greater likelihood of law suits and claims on the estate. That limits the Executor’s ability to access or distribute the estate funds until the disputes are resolved.

Don’t delay. Make sure your will is properly prepared and help ensure your family get ready access to the estate funds.

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Lessons Learned: Real Life Stories

Cheap will results in substantial taxes

August 18th, 2015|0 Comments

Facts: The adult son applied to the Court in relation to his mother’s Will. His mother was still alive but had lost testamentary capacity. He was asking the Court to change the Will to a [...]

No will: leaves mother an expensive mess

July 24th, 2015|0 Comments

FACTS: Bradley passed away at 41 with no Will. He had no wife or children and his parents were separated. At the time he set up his superannuation he noted on the form that he [...]

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