S.K. Wills & Estate Law Experts
Wills & estate law requires the guidance of expert lawyers and that’s why Sedley Koschel Law is a recognized Queensland Law Firm. Wills & Estate Law causes a lot of eyes to glaze over however it is an extremely import factor when planning your future. Sedley Koschel Law is here to complement your financial services and estate planning. We currently refer & contract to a third party Solicitor to support our clients in Brisbane, Hope Island and Mount Isa.. This service solidifies our reputation as a one-stop-shop for all of your financial and now estate planning needs.
If you have been searching for the right lawyers for your will or estate management then look no further than S.K. We have advisor who can meet your needs and help navigate an ever-changing economic landscape, we would love to work with you.
Sedley Koschel Is a Wholistic Financial Management Firm Located In Queensland.
If you have been searching for the right business advisor who can meet your needs and help navigate an ever-changing economic landscape, we would love to work with you. Call us today on 1300 008 108 -or- schedule an obligation free consultation at a time that suits you.
We offer a wide range of financial services from one location. These services include: Tax Agents & Accountants, Small Business Advice, Financial Advisors & Financial Planners, Wealth Accumulation Advice, Your Own Personal Wealth Portal, Self Managed Super Funds (SMSF), Wills & Estate Law, Age Care Advice and Financial Planning, Tailored Insurance Services, Property Investment Services, Small Business Virtual CFO, and ask us about Probate Law….
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Seldey Koschel’s wills and estate law team can help you find the right information.
What We Cover
Wills
A Will is a legal document that outlines your wishes for how to distribute your assets after your death. If you tick any of these – you should make a Will:
- You are a human adult and will die one day
- You have a job
- There are people or causes you care about
- You live in a country with laws about taxes and dying
If drafted properly, a Will can help to avoid family disputes and ensuing legal costs. It is important to have a Will even if you think your circumstances are very simple.
When deciding what to include in your will some things to consider are:
- Guardianship of minors
- Identify all your assets and which ones will form part of your estate
- Decide if you want to leave any specific assets to certain individuals
- Decide who you wish to benefit from your estate – the Family Provision Legislation may require you to provide for certain family members so you should ensure they are all considered
- Choose someone you trust to be your executor
These are only a few questions to start thinking about before signing your Will.
If you do not have a Will or your Will is invalid, your estate will be divided under the government’s intestacy laws which differ for each state/territory. This means the legislation in your state/territory will determine how your assets are distributed. This may not be consistent with your wishes.
You should review your Will regularly to ensure it continues to reflect your wishes. Make sure you consider any changes in your personal situation, e.g. marriage, divorce, the birth of a child, death of an executor or beneficiary, purchase/sale of assets, or if you take up residence in another state or overseas..
Power of Attorney
A Power of Attorney is a legal document that allows a person you trust to make a specified medical and or financial decision on your behalf. This person should be someone you trust who is willing to take on the responsibility.
A General Power of Attorney may be for a specific action (such as selling an asset while you are overseas) or broad powers (such as being able to deal with all your financial affairs).
An Enduring Power of Attorney allows a person to act on your behalf when you are no longer able to do so yourself due to mental incapacity.
The legislation for powers of attorney varies across the states/territories and you should seek legal advice. You may also wish to discuss Powers of Enduring Guardianship and medical directives to give power to someone to make decisions about where you live and your health care.
Testamentary Trust
Instead of leaving assets directly to another person, you may wish to include a Testamentary Trust in your Will.
- Testamentary Trusts aren’t just for the old, wealthy, or at risk – they are for everyone who has at least $500,000 (including super and life insurance)
Some benefits of a Testamentary Trust include:
- Saving your family tax after you die
- Protecting your inheritance from divorce and bankruptcy risks
- Protecting vulnerable beneficiaries
When writing instructions in your Will you need to consider who will take on the roles of:
- The Trustee – day to day management of the Trust and decides who will receive distributions
- The Appointer – can remove the Trustee and appoint a replacement
Testamentary trusts are not administratively burdensome – any extra compliance should be far outweighed by the tax savings.
Speak to us about ‘single’ vs ‘multiple’ trusts
Estate Planning
Probate
Estate Administration
Electronic conveyancing
Leases
Business Transfers
Advance Health Directives
Super & TPD/Trauma claims
Please contact us for further information on 1300 00 11 08 or law@sedleykoschel.com.au.