Wills & Estate Planning

We help clients create, grow, protect and pass on their wealth. Our team specialises in developing and putting solutions in place to achieve your objectives in a tax-effective manner.

Testimonials

You have given me the chance of a fresh start that I didn’t think I’d ever have again to be honest. You literally changed my life and I’ll never be able to thank you enough. Just wanted to let you know how much I sincerely appreciate all your help and hard work.

Compensation Client

The team at Chamberlains made buying a property extremely easy, I never once experienced the stress people talk about during the exchange/settlement periods of their property. Definitely recommend!

Conveyancing Client

The debt recovery team went above and beyond when our business was owed money. Would use again for sure!

Insurance Client

We picked the most highly specialised and talented lawyers.

At Chamberlains we operate one of the leading Wills and Estates practices with nationally-recognised experts available to provide advice. We work collaboratively with accountants and financial advisers to ensure clients are provided with holistic and collaborative advice.

We provide pragmatic legal solutions that mitigate tax liabilities, maximise asset protection, and resolve succession issues. Contact our team to discuss our custom estate plans.

 

Services

Wills

Do you have a Will?

This is the one document we all need eventually, and making sure you’re prepared can mean the difference of months of stress and thousands of dollars in expense for your loved ones.

Even the simplest of Wills with the most straightforward of wishes can be what saves your loved ones from difficulties. Unfortunately, sometimes life isn’t as simple as we would like. Succession law is fraught with common pitfalls that we can help you avoid in the preparation of your Will, especially when it comes to complex assets, overseas property and blended families.

We can assist you in ensuring that you are prepared, as well as:

  • Ensuring that your estate passes to your intended beneficiaries and is protected from contestation where possible
  • Minimising capital gains tax and income tax for your beneficiaries
  • Protecting inheritances from relationship breakdown and bankruptcy
  • Protecting the inheritances of minor and vulnerable beneficiaries.

Contact us today, and rest assured that your Will has been prepared by experts in the field.

 

Powers of Attorney and Related Capacity Documents

If you lose capacity, it is essential that you have nominated a trusted person or persons to make decisions in relation to your property and medical matters. Unfortunately, we aren’t always able to tell when we will lose capacity, and by the time it happens it’s already too late.

We are able to advise you and help prepare Powers of Attorney and related documents such as Enduring Guardianships and Medical Treatment Decision maker, for every State and Territory in Australia, so that you know that you are prepared for any eventuality.

Estate Protection

We can help you to protect your estate from family provision claims. We assist clients with preparing and executing documents to give greater weight to your testamentary intentions. Nobody is able to stop a family provision claim from being made, though there are many steps we can help you with to assist in ensuring that your estate is safeguarded against these claims as much as possible.

We have a range of personalised methods to assist in protecting your estate to suit your needs and budget.

Forms and Informational Flyers

Would you like to know more about the process of setting up a Will? Maybe you want to learn more about the different terms?
Have a look at our informational flyers:

    Prepare your documents for your lawyer

    We have prepared a full suite of documents that you can prepare and bring for review with your lawyer.

      FAQs

      • Do I need a Will?

        Everyone over the age of 18 should have a Will. If you do not have a Will, your assets may end up with someone you did not want to benefit. Intestacy laws will govern the distribution of your assets – i.e. the order in which your eligible spouse or relatives will inherit your Estate.

        In NSW, for example, if you die with a new partner and you have children from a previous relationship, then your Estate will be divided between your new partner and your children – even though it might have been your intention to give everything to your children.


      • Would someone be able to contest my Will?

        Generally speaking, you have the right to dispose of your property as you see fit. However, the Court does have the power to intervene if an eligible person (usually, your spouse or children) makes a claim against your Estate and the Court is convinced that you did not give them adequate provision. What is sufficient in the circumstances depends on issues such as what contributions they made towards you in your lifetime, what financial need they have, the size of your Estate and the competing claims of others. The relevant factors will depend on the circumstances of the case and, as this is a technical area, it is best to seek the advice of a solicitor if you are concerned about someone contesting your Estate.


      • When would I need to change my Will?

        You should review your Will every 2 to 3 years or after every major life event such as:

        • Getting married or divorced
        • Having children
        • Buying and selling property
        • Starting a business
        • Death of your proposed executor or beneficiary

        We can help advise whether your Will is valid and whether it should be updated.

        You do not need to change your Will due to a change of address.


      • What assets are not covered by my Will?

        There are certain assets that you control in your lifetime that you cannot pass in your Will. These are called non-estate assets.

        Examples include:

        • assets you own as joint tenants with another person (where the other person survives you);
        • assets which are paid directly to a superannuation dependent in the event of your death; and
        • assets in a family trust.

      Contact us.

      Sydney CBD
      Sydney Norwest
      Canberra
      Perth
      Newcastle

      P +61 2 9264 9111
      E hello@chamberlains.com.au

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