Wills and Succession Planning enables you to have control over your future.
A Succession Plan is a suite of documents that define what you would like to happen if you pass away or lose mental capacity. It may include a Will, a Power of Attorney, and an Enduring Guardianship.
A Will outlines what you would like to happen with your estate on your death and appoints an Executor to carry out your wishes.
A Power of Attorney appoints a person(s) who you want to take control of your legal and financial related affairs if you are no longer able to do that for yourself.
An Enduring Guardianship appoints a person(s) who you want to be able to make medical and health related decisions for you if you are no longer able to make those decisions for yourself.
At Frank Law, we recognise the importance of your future. We empower you to choose who is to make decisions for you if you lose mental capacity and what will happen to your Estate when you pass away. We can work with you as your family and assets grow and change to make sure that you are always in control and that order is maintained.
We were instructed by a couple who had three children, one of whom had a disability and was unable to work or be self-sufficient. They wanted to provide for that child but did not want to affect their pension entitlements and other government benefits. We were able to implement a Special Disability Trust in their Wills to give protection for that child.
We were instructed by a client who wanted to prepare a Power of Attorney and Enduring Guardianship instrument to decide who would make decisions for her if she lost mental capacity. A few years later, we were contacted by her adult daughter who advised that she had lost capacity. The daughter was able to use the Power of Attorney and Enduring Guardianship to look after her mother as she moved into a care facility.
We were instructed by a couple whose children were all adults. One of their children was married to a partner who had a gambling addiction. They wanted to protect their inheritance from being accessed by their child’s partner. We advised them that a Testamentary Trust Will can offer protection by tailoring the beneficiaries to their children only (and excluding spouses). We also explained the taxation advantages of leaving their inheritance in a testamentary trust rather than a traditional will. They were relieved to know that they could offer protection and taxation flexibility for their children.
We were instructed by a couple with young children who wanted to ensure their children would be looked after if something happened to them. However, their cash flow was poor and they were unable to afford to pay our fees in full. They recognised the importance of having the right documents in place so we developed a payment plan where they paid a small amount each fortnight.
