Wills & Estates
Wills & Estates Specialties
Having a simple, straight forward Will is highly desirable, but often your family circumstances, asset structure, superannuation and related entities like companies or Trusts, may call for significant consideration when preparing wills and estates.
Adelaide Legal can prepare both Standard and Complex Wills
Make sure your loved ones are protected and provided for in the unfortunate event of your passing. We can prepare and execute your standard Will with the utmost discretion and without any drama.
Advanced Care Directives
If you already know how you want to be treated in the event that the unexpected occurs, you can record your wishes for your family’s benefit and guidance under those circumstances. Let us tell you how.
It’s better to be safe than sorry. At Adelaide Legal we understand that sometimes life throws us a curve ball and we want to help you prepare for as many of those circumstances as we can. It’s never too soon (or too late) to start planning for the future.
Do you have multiple trusts, maybe a complex corporate structure or a blended family to consider? Not a problem for the team at Adelaide Legal. Let us work through the complexities with you to make sure you’ve covered all the bases.
Power of Attorney
Sometimes you may want to put your medical or financial decisions into the hands of a trusted loved one, or maybe you’ve been asked to deal with a family member’s affairs and aren’t sure where to start with a POA. Call us now on 08 8410 9494 for a friendly chat about all the options.
When a loved one passes away you need time to grieve. The last thing you need to be worrying about is how to navigate probate laws. We are here to help you obtain a Grant of Probate or Letters of Administration, deal with your Executor responsibilities and distribution of the estate, just when you need us.
Having a simple, straight forward Will is highly desirable, but often your family circumstances, asset structure, superannuation and related entities like companies or Trusts, may call for significant consideration when preparing your documents.
Adelaide Legal can prepare both Standard and Complex Wills.
A standard Will provides for standard estate distribution, namely:
1. 100% to a spouse or partner if alive.
2. If a spouse or partner is not alive then:
- Specific gifts may be made to nominated beneficiaries; and
- 100% of the estate is then shared equally between the children.
3. If a child predeceases its parents, then that child’s share of the estate goes to their children, if any.
4. If no children or grandchildren survive the testator/testatrix, then the assets are distributed to siblings, or otherwise.
5. If there is no surviving spouse or partner then second, third and fourth distributions apply.
This will include all of the standard distributions, but may also consider issues such as:
- Non-standard distributions;
- Blended families;
- Control of trust structures;
- Ownership of company structures;
- Ownership of business interests;
- Interfamily loans; and
- Life estates
There are many ways in which a Will can enhance the financial benefits to a beneficiary and at Adelaide Legal we will help you to consider:
- Capital gains tax issues;
- Specific bequests to family such as a particular property, business or particular investments;
- The impact of an inheritance upon the Centrelink benefits received by a beneficiary;
- Particular needs of a bankrupt, mentally incapable, or spendthrift beneficiary;
- Distribution of superannuation;
- Transfer of business interests and family trusts; and
- Asset management.
Powers of Attorney & Advanced Care Directive
Power of Attorney (POA)
A POA is a legal document appointing someone you choose to manage your financial affairs, in a certain set of circumstances. It is used while you are still capable of managing your own affairs. For example, if you were going overseas for an extended period, signing a power of attorney enables someone you trust to act on your behalf while you’re away.
Enduring Power of Attorney
An Enduring POA is a legal document appointing someone you choose to manage your assets and financial affairs if you are unable to do so, due to illness, an accident or in your absence.
Advance Care Directive (ACD)
If you are over 18, an Advance Care Directive enables you to set out your wishes in relation to your welfare, living arrangements and medical treatment should you lose the capacity to do so yourself. You can also authorise someone else to make these decisions for you when you are unable to do so yourself.
If you have requested no health care in certain circumstances this directive must be followed, however everything else in an ACD is advisory and to be used as a guide for your substitute decision-maker.
The ACD only comes into effect if you are unable or incapable of making welfare, living arrangements and medical treatment decisions for yourself.
An Advanced Care Directive cannot be used to make financial decisions.
You can change your Advance Care Directive at any time while you are still able, by completing a new form. Your current ACD will replace all other documents you may have completed previously, for example an Enduring Power of Guardianship, Medical Power of Attorney or Anticipatory Direction.