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Wills & Estate Planning

The effective planning of your overall estate and its allocation is critical. Marriage, separation or divorce, house purchases and other significant events may all impact on the way you manage your assets and how you would like your estate to be distributed after your death. Obligations under the law to family members and others also need consideration and for some people the tax consequences of the succession process are critical.

At Coleman Greig we don’t just prepare a Will and associated documents for you, we sit down with you to discuss your own personal situation and determine the best solution to make sure that you protect both your assets and your family and friends.

Our Wills & Estate Planning team works closely with financial advisers and tax experts to investigate the regulations and issues surrounding your estate plan and works with you to make sure that you understand the implications.
 
We can help you with:
  • "Demystifying" the estate planning process with plain English explanations 
  • Administration of your estate 
  • Defending or making claims upon an estate 
  • Keeping safe custody of your Will 
  • Preparing Powers of Attorney 
  • Preparing Enduring Guardianship appointments 
  • Regular prompting to review your estate plan and Will at the various milestones in your life 
  • Setting up various trusts

For more information, or to make an appointment at one of our offices, please select from the below.

Wills & Estate Planning - Our Clients

Publications

  • Deceased Estates Duty Concession – New Revenue NSW Ruling - 7 Apr 2020
    Dung Lam, Annelise Jeromela
    On 12 February 2020 Revenue NSW issued Revenue Ruling DUT 046 on the deceased estates concession in s 63 of the Duties Act 1997 (NSW). In this article, Tax Team Leader Dung Lam and Lawyer, Annelise Jeromala review the ruling which provides some very helpful guidance but also contains a few traps.
  • Some welcome breathing space for Discretionary Trusts - 30 Mar 2020
    Rosemary Carreras
    The objectors’ voices have been heard and we now have a more accommodating Bill, State Revenue Further Amendment Bill 2020 (NSW) (“the 2020 Bill”) awaiting Royal assent which Principal Lawyer Rosemary Carreras explains in more detail.
  • Coleman Greig Lawyers supports The Westmead Institute for Medical Research - 29 Mar 2020
    Warrick McLean
    Coleman Greig Lawyers have partnered with The Westmead Institute for Medical Research (WIMR) to provide ongoing pro-bono legal services with respect to their Gifts in Wills program and will assist those wishing to make bequests to the Institute.
  • The implications of the State Revenue Further Amendment Bill 2019 (NSW) on testamentary discretionary trusts - 26 Nov 2019
    Rosemary Carreras
    Principal Lawyer Rosemary Carreras advises with the impending changes to surcharge duty and land tax, clients with Wills incorporating testamentary trusts should consider making amendments prior to 31 December 2019 and definitely no later than the date which is 2 years from when the new law comes into effect.
  • Is your discretionary trust liable for surcharge duty and land tax? - 25 Nov 2019
    There is currently a bill before the NSW parliament that deems all discretionary/family trusts to be ‘foreign persons’. If your trust holds or is likely to hold residential land and it has not been amended to exclude foreign beneficiaries, you should discuss this with Coleman Greig’s Commercial Advice team, as a matter of urgency.
  • Top 3 Excuses for not having a Will and why you should - 21 Oct 2019
    Karina Penfold
    Did you know that Pablo Picasso, Abraham Lincoln, Martin Luther King Jr, Jimi Hendrix, Michael Jackson and Prince all died without a Will? You might be thinking if such high profile and net worth people didn’t have a Will, you too may be excused from making one, but that’s incorrect. You should have a Will and continuously review it.
  • Asset Rich and Cash Poor – What are the options for our ageing population? - 23 Jul 2019
    Karina Penfold
    Asset rich and cash poor is a common position amongst our ageing population. This article outlines the possible options for someone who is asset rich and cash poor but needs or wants to access liquid funds, or can no longer stay in the family home.
  • CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents - 23 Jul 2019
    Warrick McLean
    Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
  • Burial or Cremation – Who Ultimately Decides? - 13 Jun 2019
    Rosemary Carreras
    Typically, one question tends to arise during the period immediately following someone's death: "who is responsible for disposing of the deceased's body?" - with this often being accompanied by another question; "how will the deceased's remains be disposed of?" If the deceased made a Will, the answer to the "who" question is found in the case of Smith v Tamworth City Council and Ors [1997] NSW 197.  The person named as an Executor within the deceased's Will is responsible for administering the deceased's estate and holds the responsibility of deciding how to dispose of the deceased's remains.
  • Claiming Executor’s Commission - 3 Apr 2019
    Rosemary Carreras
    Whilst many of our clients appoint their own children as their Executors - in circumstances where they are looking for an impartial voice, or the will maker is concerned that their family members lack the qualifications directly relevant to the task at hand, people often turn to trusted professional advisors such as accountants, financial planners or lawyers to have them act as their legal personal representative.
  • Defining ‘Digital Assets' - Where are we up to? - 7 Feb 2019
    Lisa Barca
    Whilst we know that there are no laws dealing directly with the accessing or transferring of a person's digital assets upon death or incapacity, the number of existing laws that dance around the issue can be incredibly confusing. This article takes a look at how digital assets are handled within the context of the law of wills.
  • A step by step guide to administering a deceased estate - 17 Oct 2018
    Rosemary Carreras
    The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. With this in mind, we have put together a guide to help walk you through the basic steps involved in administering a deceased estate.
  • Estate Administration - What Does the Executor do After Probate has been Granted? - 22 Nov 2017
    The period surrounding the loss of a loved one is always a difficult time. When all you want is time to grieve, administering a deceased estate can be seriously challenging. Once Probate has been granted, the Executor of a deceased estate must collect the deceased's assets and take steps to pay any debts or taxes - including income tax - owed by the deceased.
  • Plain English Guide to Enduring Guardianship - 1 Jul 2015
    We all prefer to decide for ourselves where we live, who we see, which doctor we go to, what medical treatment we will receive and what services we will have. Unfortunately this is not always possible. Every day people are involved in accidents or become sick. Sometimes this can lead to them being unable to make decisions for themselves.
  • Plain English Guide to Estate Planning - 1 Jul 2015
    The aim of Estate Planning is to ensure ongoing financial security for you and your spouse during your lifetimes; and to secure a cost effective and seamless transition to your nominated beneficiaries after your death.
  • Plain English Guide to Family Business Succession Planning - 1 Jul 2015
    The issue of succession planning for family businesses is critical. In fact, research shows that only 30% of family businesses survive in the second generation, and 15% survive in the third generation. Given the number of family businesses in Australia, the failure rates are serious and it is important that families address the issues within their family companies.
  • Plain English Guide to Making a Will - 1 Jul 2015
    Most of your life is spent working to build up assets. Making a Will is an essential step in ensuring that your assets pass to the people that you choose.
  • Plain English Guide to Power of Attorney - 1 Jul 2015
    This Plain English Guide answers some of the more commonly asked questions about granting Power of Attorney, but remember that your lawyer is available to answer any other questions or provide advice when you need it.
  • Plain English Guide to Special Disability Trusts - 1 Jul 2015
    The Federal Government introduced Special Disability Trusts into social security legislation in 2006, aiming to encourage private provision of accommodation and care for people with a disability. In the right circumstances, using a Special Disability Trust allows parents (and other family members) to provide assets for a person with a severe disability without affecting the person’s entitlement to the disability support pension.
  • Plain English Guide to Testamentary Discretionary Trusts - 1 Jul 2015
    There are many structural benefits associated with Testamentary Discretionary Trusts including asset protection and taxation. This Plain English Guide answers some of the more commonly asked questions about creating a Testamentary Discretionary Trust, but remember that your lawyer is available to answer any other questions or provide advice when you need it.
  • Plain English Guide to the Role of Your Executor - 1 Jul 2015
    This Plain English Guide answers some of the more commonly asked questions about the role of Executor, but remember that your Lawyer is available to answer any other questions or provide advice when you need it.
Phone: +61 2 9895 9200

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Wills & Estate Planning