Estate Planning
Estate plans that take account of family circumstances, blended families, business interests, self-managed super funds and tax considerations.
A Complete Plan for Your Personal and Financial Affairs
Estate planning looks at the full picture, not just your will. It brings together your will, your powers of attorney and enduring guardianship, the assets held in your name and the assets held in companies, trusts and superannuation, so the right people receive the right assets and the right people can step in if you cannot make decisions yourself.
Your Will
Your will remains the foundation of the plan, setting out executors, beneficiaries and any testamentary trusts, but it is only one piece of a broader arrangement.
Powers of Attorney and Enduring Guardians
A complete plan appoints someone to manage your financial affairs and someone to make personal and health decisions if you lose capacity, so your family is not left applying to a tribunal at a difficult time.
What a complete estate plan brings together
Superannuation and Death Benefits
Superannuation is paid by the fund trustee, usually guided by a binding death benefit nomination rather than your will. We review and update nominations so your superannuation goes where you intend.
Business, Trusts and Property Ownership
Control of a family trust passes through the appointor role under the trust deed, not your will, and shareholdings need their own succession arrangements. How property is owned, jointly or as tenants in common, also determines whether it passes under your will.
Tax and Asset Protection
We work alongside your accountant to structure gifts and trusts in a tax effective way, and to protect an inheritance for a beneficiary who has creditors, a vulnerable relationship or limited financial experience.
Planning for Incapacity and Keeping It Current
A good plan provides for the possibility that you lose capacity during your lifetime, through powers of attorney and enduring guardianship. We recommend a review every 3 to 5 years and after any major life event.
How Shah & Co Lawyers can assist
We coordinate every document and structure in your plan so nothing is left to guesswork.
Estate Planning Conferences
A single conference covering your will, powers of attorney and enduring guardianship.
Blended Family Planning
Provision for a current partner and children from an earlier relationship.
Business Succession
Coordination with your accountant on business succession and tax planning.
SMSF Nominations
Binding death benefit nominations and reversionary pensions.
Asset Protection Structures
Structures for beneficiaries in at risk circumstances.
Letters of Wishes
Guidance documents for trustees and executors.
What a complete plan usually covers
- A current and valid will.
- Enduring power of attorney and enduring guardianship appointments.
- Binding death benefit nominations for superannuation.
- Succession arrangements for companies and trusts.
- Consideration of tax and asset protection for beneficiaries.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other wills & estates services
Wills
Preparation of wills, including simple wills, mutual wills and wills involving testamentary trusts.
View WillsPowers of Attorney
General and enduring powers of attorney under the Powers of Attorney Act 2003 (NSW).
View Powers of AttorneyEnduring Guardianship
Appointments of enduring guardian under the Guardianship Act 1987 (NSW) for personal, lifestyle and medical decisions.
View Enduring GuardianshipProbate
Applications for probate of a will in the Supreme Court of New South Wales, including informal wills and contested matters.
View ProbateLetters of Administration
Applications for letters of administration where the deceased died without a will or where the executor is unable to act.
View Letters of AdministrationEstate Administration
Administration of estates after a grant, including calling in assets, payment of liabilities, accounting to beneficiaries and distribution.
View Estate AdministrationSpeak with us about building your estate plan.
Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.