Estate Planning | Southern Highlands
If you live in Southern Highlands and are currently in the process of preparing your Will, Power of Attorney or Enduring Guardianship documents, it is important to work with Estate Planning Lawyers who can offer you the care, dedication and support you need.
Amanda Little & Associates provides legal services to families in Southern Highlands and surrounding suburbs. We know that estate planning is not something you necessarily like to think about. This is why we have a strong team of highly experienced lawyers to help you with your unique situation.
Making A Will
Amanda Little & Associates Solicitors have in excess of 30 years collective experience in drafting complex wills and estate planning. Common situations which create complexity include:
- Multiple marriages/relationships and children from each relationship;
- Divorces and Marriages;
- Interplay between Family Law and Estates;
- Interplay between Family Trusts, Self Managed Superannuation Funds and Corporations and Estates;
- Not including ‘provision’ for those who may be entitled to provision;
- When a person whom would otherwise be entitled to provision in the estates, but has acted in a way that ‘disentitles them’ to provision;
- Complex gifts;
- Forgiveness of debts;
- Disabled beneficiaries; and
- Minor beneficiaries.
There are many more situations wherein specialised knowledge is required to ensure that proper provisions are made and your wills and estate plan is considered carefully.
What is an Estate Plan?
An effective estate plan includes tax effective wills and planning of asset holdings to protect your beneficiaries in the event of the death. Southern Highlands estate planning lawyers can assist you with the process which includes:
- Taking stock of your current assets (what assets do you have? What liabilities do you have?);
- A meeting with Amanda Little & Associates Estate and your financial planner or accountant to discuss taxation consequences of your gifts;
- Discussion and assessment on the holding of your assets ( jointly held assets, asset holdings e.g. joint tenants or tenants in common, superannuation nominations, assets not forming part of your estate)
- Actions required to asset holdings for taxation and or other purposes (such as quarantining assets for estates, transfer of interests, binding death nominations);
- Preparation of legal documents such as wills and power of attorneys to affect your estate plan (is a standard will sufficient, do you require a testamentary trust or a special disability trust? Is a life estate required?)
Contesting a Will
If you have been left out of a Will or Estate, or have not received an inheritance you may be able to contest the will in the Supreme Court of New South Wales by way of Family Provision Claim which is brought under Chapter 3 of the Succession Act 2006 (NSW).
To contest an estate, you must be an eligible person which includes:
- Surviving husband or wife of the deceased person;
- A person who was living in a de-facto relationship with the deceased person;
- A child of a deceased person, including an adopted child;
- A former divorced husband or wife of the deceased;
- A person who was:
- Wholly or partly dependent on the deceased person; or
- A member of the household of the deceased person.
- A person who was in a close relationship with the deceased person.
If you live within the Southern Highlands area and are looking at contesting a Will or Estate, have a chat to our team!
Our team is led by Amanda Little, is an Accredited Specialist in Family Law, Mediator, Family Dispute Resolution Practitioner, Collaborative Family Lawyer, Sessional Academic, Public Speaker and Author. She is recognised as a leading business person in Southern Highlands being awarded 2019 Business Person of the Year for Penrith and 2019 Business Woman of the year for Lindsay.
When you choose to work with Amanda Little & Associates, you can remain confident that your case is in compassionate and competent hands. We believe in building relationships with our clients and the wider community, working with them as members of our own family. This ensures each case is treated with the utmost importance, care and respect.
If you need advice on Estate Planning matters, get in touch with our friendly team at our Southern Highlands office on 1300 ALA LAW. We’re more than happy to discuss your situation and help find the best outcome for you and your needs.