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Due to changes in the traditional
family group and a generally more litigious society, it is
more important than ever to consider all aspects of planning
and structuring your estate. Plastiras Lawyers
provide a number of specialist services in this area.
Enduring Power of
Attorney
An Enduring Power of Attorney is a simple document that grants
authority to another person to make decisions on your behalf
should you be incapacitated. It is important to organise your
affairs for unexpected events and this is an easy first step
towards greater security.
Your will
A properly drafted will is the most important tool in ensuring:
• your assets
are distributed after your death as you intended
• the assets you pass on will not be subject to
outside
claims from divorce or bankruptcy
• future disputes among beneficiaries are minimised
• your estate is administered quickly and at minimum
cost
We assist our clients think
through what they’d like to achieve with their wealth
and identify circumstances which may trigger disputes or affect
the distribution of their assets to the next generation.
The extent of your estate,
family arrangements, dependencies, investments, insurance,
superannuation, land and other belongings are all considered
before drafting and making recommendations as to the appropriate
terms and structure of the will.
Estate Litigation
In recent years changes in the law have greatly widened the
potential for claims to be made against people's estates and
for wills to be contested. As outlined above, careful planning
and drafting should prevent this, but in the event that there
is a dispute over an estate, our litigation and dispute resolution
team can either advise what you may be entitled to or work
to protect your entitlement against a claim.
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Administration
of estates
Properly finalising a deceased estate can be a complicated
process at a time of emotional stress. The executors (appointed
in the will) have the duty of gathering in all the property
of the deceased, paying any debts owing and then distributing
the estate.
Plastiras Lawyers can assist the
executors/personal representative with this process by determining:
• the beneficiaries of the estate
and whether they have any
urgent financial needs
• the assets and liabilities of the estate and
what needs to be
done to secure them (grant of probate, letters
of
administration, possible creditors etc.)
• income tax requirements and whether there are
returns to be
attended to
• the final distribution of the estate to beneficiaries
Throughout this process we will keep you fully
informed so that at all times you know what expenses are being
incurred and understand what is happening to the deceased’s
estate.
Asset Protection Strategies
Our
estates team appreciate that one of the main concerns for
our clients is the protection of their assets. If you have
worked extremely hard to create wealth over your lifetime,
you need to ensure that the value of your estate is going
to be protected under all circumstances.
Plastiras Lawyers are experienced
in utilising a number of instruments to preserve and protect
your wealth including:
• testamentary trusts
• family discretionary trusts
• unit trusts
• company and partnership structuring
• superannuation and self managed super funds
• various agreements such as shareholder, partnership
and
participation agreements
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