Legal Services for Wills & Estates in Cardiff, Morisset & Lake Macquarie

Contested Wills and Estate Disputes

Probate and Administration of Deceased Estates

Wills, Enduring Powers of Attorney and Appointments of Enduring Guardians

Testamentary Trusts and Asset Protection

Superannuation and Estates

How Can We Help with Your Will or Estate Planning?

At Dawson & Gardiner Solicitors we have successfully acted for executors/administrators in defending claims and applicants. Our lawyers will give you an early assessment of the merits of your case if the relevant facts are available and outline to you your prospects of success or risks if you want to pursue your claim.

Specifically, we can help with:

“Demystifying” the estate planning and Will making processes with plain English explanations

Keeping safe custody of your Will

Preparing Powers of Attorney

Preparing Enduring Guardianship appointments

Administration of your Estate

Making claims or defending claims upon an Estate

Setting up Trusts

Contested Wills and Estate Disputes in Cardiff

Some deceased estates will turn into a contested estate. We are noticing an increasing number of estate disputes arising, so you are not alone if you find yourself in this situation. This increase in disputes may be partly attributed to the overall greater wealth in estates, an aging population and the prevalence of blended families.

The most common reasons for a dispute in an estate to turn litigious are:

A family member or other person with a “special relationship” that has been left out of the will or perceives they have been inadequately provided for under a will can make what is called a family provision claim against the estate.

There is a dispute regarding the capacity of the will-maker at the time of making the will.

There is an allegation that the executor or administrator of the estate is behaving inappropriately and should be removed.

Wills, Enduring Powers of Attorney and Appointments of Enduring Guardians

Proper estate planning encompasses much more than just having a will in place. The process may seem complicated however our wills and estate lawyers have many years of experience and will guide you step by step through the process. The modern-day estate plan will require reviewing such matters as your enduring powers of attorney, appointments of enduring guardians and consideration of any binding death benefit nominations in relation to your superannuation

At Dawson and Gardiner, we will take the time to ensure that your estate plan is appropriate for your circumstances.

Testamentary Trusts and Asset Protection

Asset protection is very important to many people and is about protecting your assets so that the people you want to receive them will receive them.

Asset protection can be of particular concern to you if, for example, you have family members who may have marital problems, is in a profession or occupation with a high risk of being sued or are concerned that somebody may challenge your will.

At Dawson and Gardiner, we have solicitors who are experienced in advising on asset protection and how you may be able to restructure your assets to strengthen your Will.

What is a Testamentary Trust and Why Would We Set One Up?

In simple terms, a testamentary trust is a type of trust created by your will after you die. Testamentary trusts are set up to hold assets and are overseen by a nominated trustee, who eventually distributes the trust’s assets to beneficiaries. 

This means that assets in your estate instead of being left directly to your family members will be left to a testamentary trust in which some or all your family members will be the beneficiaries of the testamentary trust.

Testamentary Trusts can be beneficial in the following circumstances:

If you have young beneficiaries or other beneficiaries that you have concerns about that would waste their inheritance.

If you have beneficiaries who would benefit from the protection of their assets in case of bankruptcy risk or family law marital splits.

If there are sufficient assets in your estate that would make it feasible and desirable to hold the assets in a testamentary trust for tax planning purposes.

Superannuation and Estates

As superannuation is not legally considered part of a deceased estate, claiming superannuation death benefits is something that you may need help with.

Contrary to what many people assume, death benefits from a super fund are not distributed to the beneficiaries named in the will along with the assets of the estate. If you wish to direct who will get your super upon your death, you must sign a binding death benefit nomination (BDBN). If you die without signing a nomination, then your super is usually paid at the discretion of the trustee of the superannuation fund.

Another reason for signing a nomination is to minimise the tax that can fall on superannuation, depending on who is to receive it. If the deceased is receiving a pension from the superannuation fund, it may be beneficial to use a nomination to enable a beneficiary, such as a spouse, to continue to receive the same pension as the deceased had been receiving. All these factors apply equally to large funds and self-managed superannuation funds.

A binding death benefit nomination is a simple document, to ensure that your wishes are carried out and that no unnecessary tax is paid.

For more information about our legal services including wills & estates contact us on (02) 4954 8666.