Wills & Estates

Estate Planning

Estate Planning is a fundamental step for business owners and individuals who have complex financial and assets structures. Without consistent estate planning, your business and assets cannot be left according to what you wish after your passing. Sufficient estate planning reduces the risk of estate disputes, ensures a comprehensive management plan, and often ensures that the most tax efficient pathways are adopted.

Our lawyers are experienced in ensuring that your estate planning is done in a manner that both reduces risk, minimises disputes and ensures your best interests are met.

Your Will alone will not protect all of your financial affairs and due consideration should be given to estate planning when involved in any of the following structures or situations:

• Trusts
• If you have overseas assets
• Business Partnerships
• Own a Business
• Company Shareholders
• Plural or complex family structures

Contact our lawyers today to explore your best options in planning your estate.

Wills

Ensuring your assets and affairs are in order after your death is of crucial importance to ensuring your legacy is accorded to your wishes. Ensuring your will is drafted in a professional and comprehensive manner is of fundamental importance. At AMT Lawyers & Associates we understand the importance on having your affairs in order, and take meticulous care to ensure that your will is drafted in manner that takes into consideration all aspects of your desired asset distribution, and advise on possible issues that may arise. Our trusted lawyers are experiences in all intricacies surrounded around succession law and strive to advise you in a manner that best safeguards your best interests. We are also experienced in Shariah compliant wills and are able to draft and advise in the area.

Before drafting a will there are some key factors that you need to take into consideration, namely

• who you wish to be the executor of your estate;
• the quantum and nature of your assets and how you wish for them to be distributed;
• understanding your obligations under Australian law to your children and any other dependents;
• other people or organisations you may wish to leave assets or funds to;
• your business structures and ensuring you have a comprehensive succession plan in place;
• your superannuation and whether you have Binding Death Benefit Nomination
• the nature and structure of your trusts

Probate

The passing of a loved one can often be a difficult and challenging time, exacerbated by having to manage and access the financial affairs of the deceased. At AMT Lawyers & Associates we empathetically guide you through the process. Whether the deceased had a will or not, our lawyers are skilled to guide you through the process.

Probate

Obtaining what is often called a Grant of Probate or Letters of Probate, is an essential step if a deceased had a Will. The appointed executor will not be able to access or deal with the deceased’s assets without obtaining a Grant of Probate.

Letters of Administration

In situations where there is no Will or the executor listed in the Will is not able or willing to act, an application of what is called either Letters of Administration or Letters of Intestacy is required.

Our experienced lawyers are equipped to ensure this process occurs in a timely and efficient manner.

Challenges to a Will

Wills can often also be opened to challenge either by

• non-named beneficiaries with entitlement claims
• named beneficiaries claiming insufficient provision
• parties challenging the validity of the will

At AMT Lawyers & Associates we provide sufficient guidance, whether you are challenging the validity of the will, questioning your entitlements under a will or needing to defend a claim against a will.

Power of Attorneys

A Power of Attorney is a legally binding document that gives rights to an appointed individual to make decisions on your behalf, in the event that you may become incapacitated or are overseas and require a representative to make decisions on your behalf.

Our lawyers are experienced to draft your Power of Attorney and provide you with comprehensive advice to ensure your affairs are managed in a comprehensive manner in the event that you may be unable to do so.