Expert Estate Planning Lawyers in Melbourne

If you don’t have an Enduring Power of Attorney and you lose decision-making capacity (eg. you get dementia or brain damage) then somebody will need to apply to VCAT to be appointed to make decisions (such as dealing with your finances and making medical treatment decisions) on your behalf. The VCAT application process can create family disputes, as well as unnecessary delays and expenses.

A Will is a single document that focuses on the distribution of assets after death. An Estate Plan is more holistic strategy that deals with a broad range of factors including who to appoint as Executor, Trustee and Guardian of minor children; non-estate assets (such as superannuation and the succession of trusts, companies and businesses); tax consequences; and the appointment of attorneys to act upon loss of capacity.

An estate plan is a set of legal documents and arrangements that outline how your assets will be dealt with and who will act on your behalf in relation to financial, personal and medical matters, if you lose capacity or pass away. Some of the documents included in an estate plan include:

• A legally valid Will
• Enduring Power of Attorney (Financial and Personal Matters)
• Appointment of Medical Treatment Decision Maker
• Testamentary trusts
• Family Trust reviews
• Binding Death Benefit Nominations for super accounts

Yes. Even with a modest estate and simple assets, proper planning ensures your wishes are legally protected and your loved ones are spared unnecessary legal and financial complications. We can help simplify the process and make sure everything is legally sound and up to date.

You should review your estate plan every 3–5 years, or after significant life events like marriage, divorce, birth of a child, death in the family, or major financial changes.

Complicated family dynamics, and blended family situations, can make estate planning difficult. Many clients we see are interested to ensure that their current spouse or partner is adequately provided for, but that children of a previous marriage also receive a fair distribution from the estate. We can advise on the best strategies to ensure that everyone is taken care of, and that there is minimal risk of the Will being challenged.

We have extensive experience handling complex estate planning scenarios, including where the client holds assets in several different countries. Our team can develop strategies to ensure your estate plan is legally sound across jurisdictions and fairly reflects your intentions. Where necessary, we will collaborate with other professionals, to make sure that the local tax and succession laws in the country where the assets are held are taken into account.

We understand that family estrangements and other issues may mean that people sometimes want to make sure that a particular person doesn’t receive anything from their estate. However, it is important to understand that in Victoria, the law states that certain eligible people (such as a partner, children and financial dependents), may be able to challenge a Will if they are excluded. We can help you to understand your legal obligations and how to reduce the risk of a challenge to your estate.

We offer fixed fee packages so you can be sure of what the total costs will be from the outset. The package price will be determined by the complexity of the matter, and full cost disclosure will be provided at the beginning of the matter.

A trust is where one person (the trustee) managed assets for the benefit of another person (the beneficiary). Many people include trusts in their Wills for a variety of reasons including asset protection, tax planning, the protection of vulnerable beneficiaries, and charitable purposes. Many of our Wills include different types of trusts, and we can advise you on whether a trust is recommended for your estate.

Superannuation does not automatically form part of your estate when you die. You need to direct the trustee of your super fund on how you would like your account balance to be paid out when you pass away. It is very important that this nomination is compliant with superannuation law, and that the tax consequences of your nomination are taken into account.