COMPLEX WILLS

Any discretionary trust established under a will is known as a testamentary trust.​ Wills with testamentary trusts are complex wills.
More and more clients are asking for wills with testamentary trusts to protect their accumulated wealth from spendthrift beneficiaries, ​to minimise tax to adult and infant beneficiaries​, to provide for infant children and disabled beneficiaries and to help protect inheritances from attack by the Family Court and trustees in bankruptcy​ avoiding an unintended loss by a beneficiary of their government sourced pension or other benefits. Complex wills are suitable when the will maker wants to provide for their spouse but is concerned that they may remarry and divert the family assets to the new family.

Fixed fee Wills with TT for a couple

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STANDARD WILLS

A Will is a legal document that sets out the will maker’s wishes for the distribution of their assets after death. Having a legally valid and up to date Will is the best way to make sure that the will maker’s assets are protected and distributed according to their wishes. A standard will however doesn’t account for assets such as superannuation​, life insurance​, companies and trusts​. A standard will does not have an equalisation clause to make sure that assets which do not form part of the will maker’s estate are taken into account. Standard wills do not provide asset protection and tax minimisation.

Fixed fee Will for a single person

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ENDURING POWER OF ATTORNEY 

An Enduring Power of Attorney (EPA) is a legal agreement made by choice which enables a person (donor) to appoint a trusted person as their attorney and gives power to attorney to make financial and property decisions. It is called an enduring power of attorney as under the EPA an attorney can act even after the donor loses their legal capacity.  The EPA is an essential part of a well prepared estate plan as the loss of legal capacity can be sudden, it is not possible to predict the onset of mental disability, it gives the donor an opportunity to protect their financial interests by appointing an attorney they trust. An enduring attorney can handle the donor’s bank accounts, sign cheques, sign legal documents such as deeds and contracts including contracts for the sale of land (if the EPA has been registered at Landgate), pay bills.

Fixed fee EPA for a single person

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ENDURING POWER OF GUARDIANSHIP

An Enduring Power of Guardianship (EPG) is a legal agreement made by choice which enables a person (appointor) to appoint a trusted person as their guardian (appointee) and gives power to the guardian to make personal, lifestyle and treatment decisions. It is very important to know the limits to the enduring guardian’s powers. An enduring guardian cannot make decisions involving the appointor’s finances, property or estate, vote on behalf of the appointor in an election, consent to an adoption, consent to a marriage, consent to sterilisation without SAT approval, make or change a Will without a Supreme Court order. An enduring guardian can decide for the appointor where to live, who to live with, whether to work and matters related to work, provide or refuse consent to any medical, surgical or dental treatment or other health care and decide on education and training.

Fixed fee EPG for a single person

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LOAN AGREEMENT

The “Fixed Fee Loan Agreement” is suitable if you are a credit provider (the lender) and you wish to lend money to a debtor (the borrower) for personal, domestic or household purposes or for purchasing, refinancing, renovating or improving residential investment property. 
Whenever you are lending a significant amount of money, you should put it in writing. It can prevent misunderstandings and disagreements by clearly setting down the terms of the loan and repayment. Unsecured loans are loans that do not require the borrower to provide the lender with collateral, usually because of the creditworthiness of the borrower. Because the loan is not secured against the borrower’s assets, such as property, it is important to draft an agreement that clearly sets out the terms on which money has been lent.

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