Probate, Succession, Wills, Estate & Superannuation Planning
The Koffels Estate Team possesses decades of experience in estate law. We provide advice on the creation of wills, testamentary trusts, property transfers, estate plans and superannuation.
There are two principal categories of wills that Koffels can assist you prepare. A ‘standard’ will provides for the granting of a person’s assets, after his or her death to the spouse and children. Other ‘non-standard’ wills need to be more dynamic and allow for more complicated family and financial circumstances. For example, second marriages or de facto relationships exist or more complex property structures are in place. The later type of will is likely to require more careful consideration and drafting.
Enduring Guardianship and Powers of Attorney need to be considered to avoid the likelihood of managers being appointed by the Courts and Tribunals and the attendant costs and charges.
For individuals or families with dual nationality or assets and property in another jurisdiction the drafting of separate valid wills relevant to each jurisdiction is a paramount consideration. Koffels have international associates that can also assist in international estate planning and implementation.
After the death of a family member Koffels can advise on and seek grants of probate and administration and assist with asset collection and the continuing administration of the estate.
Trusts and Taxation
Testamentary trusts can provide many benefits. Koffels also advise on tax implications in relation to wills, probate and superannuation. These services include both Australian and international issues of estate management.
Koffels frequently advise on and act in litigious matters including contesting wills and claims against estates and trustees of superannuation funds. Issues of ambiguity, a testator’s lack of capacity and the misuse of the executor’s powers can give rise to a contested claim. More commonly, family members or dependants are not provided for and need to make a family provision claim. The firm has achieved encouraging levels of success in litigating estate claims.
Consistent with Koffels’ approach to all areas of its operations, the Estate Team always aims to provide clients with innovative yet cost-effective advice.
Our areas of experience include:
- Prosecuting and defending claims against estates.
- Effective business succession planning.
- Drafting testamentary trusts and estate structures to maximise Social Service benefits and provide income splitting benefits.
- The consideration of the impact of Capital Gains Tax and Stamp Duty.
- Binding Death Benefit Nominations
- Risk Management and asset protection to avert the impact of divorce or bankruptcy.
- Nomination of an appointor of a family trust to take effect on the testator’s death.