Wills & Estate Planning
- Wills & Estate Planning
Many of us don’t like to think about making a Will, but there are times throughout our lives when we do need to think about the future and about how our family would cope financially in the event of our death.
Estate Planning does not commence on death. Those who do not effectively plan their personal and financial affairs could leave their loved ones with an unpleasant legacy.
Why do I need a Will?
A Will is the cornerstone of an effective transfer of assets on death – it puts you in charge of important decisions now about what you want to happen to your affairs after you pass away. It is a legal document which can ensure your intentions are carried out.
A well drafted Will can stipulate that your assets will be given:
- to the people you want;
- to support your beneficiaries’ needs;
- in the way you want;
- as quickly and simply as possible; and
- as tax-effectively as possible.
McKays Estate Planning team will provide you with clear and easy-to-understand expert advice and will be able to answer all of your questions, including:
- What sort of Will do I need?
- What happens if I die without making a Will?
- What happens to jointly owned property?
- When should I make a Will?
- What happens to my superannuation and life insurance?
- Who would be the best person to be an executor?
- Who will look after my children?
- Can I say how I want my body disposed of?
- What if I want to leave a dependant out of my Will?
- What will happen to my interest in my business?
Our friendly and expert team will provide you with advice to help ensure that you have done everything you can so that your family benefits in the best possible way from your estate when you pass away.
Do I also need an Enduring Power of Attorney?
It is also important to have an Enduring Power of Attorney. An Enduring Power of Attorney can be used during your lifetime (whereas a Will operates when you pass away). One example is where you are unexpectedly injured or become unwell and are unable to make financial and health decisions for yourself or your children.
By signing a Power of Attorney you may grant someone (your attorney) the legal power for that person to sign or to take some action on your behalf.
An Enduring Power of Attorney is not only used when you are incapacitated.It can become a useful document if you plan to travel overseas – for example if documents such as transfer documents for a property need to be signed during that time.
See our Wills and Powers of Attorney client guide for more information.
Estate and Business Succession Planning
Your Will is not always the only way to maximise the opportunities to pass on your wealth to your family. The financial structures and arrangements you enter into now, particularly if you are involved in a business, can be much more significant than the effect of your Will when you die.
Being a full-service legal practice means McKays will ensure that you have the best personal asset and business structure in place to minimise the risks to you and your family, when you are alive, when you die and after you die.
Download our Asset Protection...Client Guide for more information.
Asset protection is about reviewing the way you carry on your business, trade or profession, how you own your private and business assets and how to ensure that if the worst occurs, you do not lose everything you have worked so hard to create. Our client guide will help you understand how you can protect your assets.
A Will is the cornerstone of an effective transfer of assets on death - it puts you in charge of important decisions now about what you want to happen to your affairs after you die. Our client guide will help you understand everything you need to know about making a Will or a Power of Attorney.
Important new changes to Queensland’s guardianship laws took place on 30 November, 2020. Among various other reforms to the laws, the Queensland Government have issued new Enduring Power of Attorney and Advance Health Directive forms. The new forms will replace the existing forms w..
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