Good estate planning looks beyond the nuclear family to include the extended family and each generation – i.e. parents, children, half siblings, stepchildren, grandparents, grandchildren etc.

Each family circumstance is unique, so our approach to planning is specific to you. We will:

• look up to the generation above and take into account what you are likely to inherit (and in what form);
• look down to consider to whom you will pass on your estate and in what form;
• look sideways to consider whether you are beneficiaries of any trusts, who controls those trusts and who will control those trusts in the future; and
• look all around to consider who might be eligible to make a claim against the estate if they are left out of the will and any other risks that may exist for potential beneficiaries e.g. loss of inheritance as a result of the breakdown of a relationship.

Holistic, robust life planning will consider and address issues which require attention prior to death, including:

• Enduring Powers of Attorney;
• Retirement living arrangements;
• Care arrangements for elderly parents;
• Caring and providing for disabled children;
• Control and management of trusts;
• Control and management of family businesses;
• Management of SMSF’s for disabled members; and
• Early release of superannuation strategies.

Without a valid Will you risk your estate (your cash, investments, property etc.) being divided in a way that is contrary to your wishes. It could also mean leaving your friends and family with unnecessary costs for the administration of your estate after you die.

Good estate planning includes more than just dealing with ‘who gets what’. It’s about understanding the complexities and providing advice on important issues.

Our team at DDCS have in-depth experience dealing with family relationships, family dynamics, commercial structures and risk minimisation. As problem-solvers, we can suggest strategies and options to meet your needs, knowing there is no one size fits all approach.

A deceased estate refers to the assets and property of a person who has died and can include real estate, personal property, cash, shares, and other assets.

A person named as an executor of a Will has the responsibility to administer a deceased person’s estate in accordance with the terms of the Will. DDCS Lawyers can assist executors with all of the legal and practical aspects involved with the administration of a deceased estate.

The steps involved in dealing with an estate usually include:

• Identifying and securing the deceased’s assets;
• Applying for a Grant of Probate or Grant of Letters of Administration;
• Managing and administering the deceased’s assets (eg. Closing the deceased’s bank accounts, transferring shares and/or properties owned by the deceased to the intended beneficiary);
• Ensuing all debts and liabilities are paid and tax matters finalized;
• Administering any trusts established under the Will;
• Distributing estate assets to beneficiaries in accordance with the Will (or if there is no will, in accordance with the applicable intestacy laws).

DDCS can help support you as executor in the event of complications or disputes.

When a person dies, their assets (such as real estate, bank accounts, superannuation, shares, digital assets, and other property) need to be transferred in accordance with that person’s estate plan and associated documents. This can be very overwhelming for the family and loved ones of the deceased. We can assist in making this process as stress-free, easy, and streamlined as possible.

If there is no Will, the person has “died intestate” and there is a statutory formula for what property is inherited by whom.

Often, but not always, a Grant of Probate will be required. A Grant of Probate (or another type of Grant, such as a Grant of Letters of Administration) is a legal document issued by the Supreme Court which allows the appropriate person to deal with the deceased person’s property.

Sometimes, there is a document that might be a Will. This might be a video or voice recording, a post-it note, a text message, or an unsigned document.

In these circumstances, DDCS can assist you by:

• Providing advice as to whether Probate (or another type of Grant) is required;
• Organising a Grant of Probate, Letters of Administration, or any other necessary Grant;
• Advising on complex Probate issues such as informal Wills, construction of Wills, interpretation of Wills, forgery, decision-making capacity of the Will-maker, undue influence, or other issues;
• Locating and administering assets such as bank accounts, shares, real property, personal property, and superannuation;
• Liaising with beneficiaries; and
• Advising on taxation obligations.

At its simplest, a trust is created when someone holds an asset on behalf of another person.

A trust can be a useful tool for future planning and may provide benefits such as asset and beneficiary protection, and tax planning opportunities. We have extensive experience in creating, amending, and advising in relation to trusts and trust disputes.

Our expertise includes:

• Family Discretionary Trusts
• Testamentary Trusts
• Protective Trusts
• Special Disability Trusts
• Unit Trusts

Off-the-shelf trust deeds or DIY options are seldom appropriate, so our expert wills and estate lawyers can design a solution that is fit for you.

Get in touch and we can answer your questions and assist you to find an approach that best meets your needs, interests and preferences.

An Enduring Power of Attorney gives legal authority to another person to make decisions on your behalf in the event that you lose the ability due to accident, poor health or advanced age to make decisions for yourself.

There is no automatic process to appoint an Enduring Power of Attorney, so being prepared prevents any burden on your family or carers should you require assistance with managing your affairs in the future.

To be valid, an Enduring Power of Attorney must use the prescribed legal form and be signed and witnessed according to legislative requirements. We specialise in applications in the ACT and NSW, but can support you in any State or Territory. Each has its own rules and prescribed forms relating to Enduring Powers of Attorney, it is important that you use the correct document for your jurisdiction.

In the ACT, you can appoint an attorney to act for you in relation to property and finances, personal care matters, and/or healthcare matters.

In NSW, there are two separate, but complementary documents which enable you to appoint a person or persons to make decisions for you – a NSW ‘Enduring Power of Attorney’ and a NSW ‘Appointment of Enduring Guardian’.

We can advise on who should be appointed and what powers or directions should be given to your attorney. Given the significant responsibilities of an attorney, it is crucial that you appoint someone who is trustworthy, reliable and sensitive to your wishes.

DDCS Lawyers can guide you through the process of making an Enduring Power of Attorney. We will clearly explain your options, offer practical advice and ensure your Enduring Power of Attorney complies with all relevant legal requirements. We are also able to advise attorneys on their responsibilities and assist with Guardianship and Management applications.

Estate disputes can arise in a number of circumstances, these include:

• disagreements between parties about the administration of the estate;
• disputes about the person’s cognitive capacity when making the will;
• disputes about the true meaning and interpretation of the will;
• disputes about whether the will maker was unduly influenced in the making of the will; and
• claims by parties who have been left out of the will or who claim that they have not received adequate provision (family provision claims).

In cases where a will does not make adequate provision for certain categories of people (in particular spouses and children) parties are able to apply to the Court for a greater share of the estate in a Family Provision Claim. In the case of other disputes, application can be made to the Court to determine the dispute.

DDCS Lawyers include specialists in estate planning, litigation and dispute resolution including mediation. We know and understand the law and legal principles relevant to estates disputes and have extensive experience in dealing with the Court in both the ACT and NSW.

Australians currently have around $3.5 trillion contained in superannuation funds. It is often a significant asset (particularly if there is an associated life insurance policy) and yet is one of the more overlooked areas of estate planning.

You may not be aware that superannuation isn’t automatically covered by your Will, that superannuation can’t be left to any person of your choosing, and that superannuation is taxed very differently depending on who receives it. It is even possible that someone else, such as the trustee of a super fund, will be the one to decide where your superannuation ends up in the event of your death.

Superannuation can be held in retail funds, Self-Managed Superannuation Funds, or Defined Benefit (often public service) funds.

We can assist with the following aspects of future planning for your superannuation:

• Binding Death Benefit Nominations
• Superannuation Advance Transfer Directive
• Blended families and superannuation
• Control and administration of SMSFs

The bank of mum and dad has injected more than $2.7 billion into the property market in the past year as around 15% of borrowers seek assistance from their parents.

According to Jarden economists, assistance from family members contributed 1 per cent of new lending, with the average receiving $92,000 from their parents for the purchase of a home.

As part of any life and estate planning we need to take steps to properly protect the interests of both mum and dad and their children in relation to such loans.

To properly protect their interests to loan should be documented in a loan agreement and appropriately secured, and mum and dad’s Will should deal with what is to occur if the loan is still in place upon their death.

DDCS can help guide and advise you through this process to help protect everyone’s best interests.