Thinking ahead

Wills and estates law covers what will happen to your assets in the event of your death, and other arrangements such as the care of your children. It also includes asset protection and generational change planning.

The emotional issues can be complex and hard to talk about but most people have to deal with them at some time in their lives.

Turner Freeman’s expert wills and estate lawyers bring expertise, experience, sensitivity and clarity to your circumstances. We draw on our experience built up over decades of helping people just like you.

We can help you construct an effective will, estate plan, or multi-generational plan and offer advice on the legal and practical implications of your wishes. We can also keep things current, in line with changes in your needs and the law.

You can even appoint one of our partners as executor of your will or trustee of your estate, to ensure your instructions are carried out professionally and compassionately.

We’ll cost-efficiently help you take the most effective steps to give you confidence in your and your family’s future.

Jump to Wills & Estates:
Frequently Asked Questions »
Client Testimonials »
Case Studies »

Wills: putting things in order
A will is a legal document that directs how your assets should be distributed, and who should be guardian to your dependants. A properly drafted, up-to-date will is the only way you can be sure your assets will be dealt with and your loved ones cared for in the way you choose.

When you make a will, you may have to make hard choices, or grapple with complex issues.

But you must make one if you want to be sure your instructions will be followed.

If you die without leaving a valid will your assets will be allocated according to a fixed statutory formula, so may be divided in a way you did not want - regardless of your intentions. A government agency may also decide who will look after your children.

Therefore you should update your will when you marry or divorce, when a child is born, adopted or becomes an adult, or when a family member or beneficiary dies. You may also wish to add, change or eliminate gifts to certain beneficiaries.

Your will should also be updated when there is a substantial change in the value or nature of your assets, when an executor or guardian dies or becomes unable to serve, or when tax law changes.

Your assets might include property, cash, superannuation funds, investments, a business, valuable items or anything else you leave behind.

Turner Freeman’s goal is to make your decisions easier. We have the experience needed to proactively head off potential family problems and guide you through complex legal issues. And you’ll get only the best options for your specific situation.

Peace of mind
Estate planning is a strategy to ensure your assets go to the people you wish, in a way that will give them the maximum benefit. It deals with issues like tax minimisation, setting up trusts and methods of ensuring that your affairs are arranged in a way that best suits your needs, and the needs of your future beneficiaries, to make the most of your estate now and in the future.

Without planning, your beneficiaries may face higher tax or litigation costs than necessary, or your assets may go to someone you did not intend to leave them to.

Where estates are involved, disputes can arise. You may need to defend a claim against an estate or to make a claim.

Disputes: staking your claim
If you have been left out of a will, or have not been properly provided for in the will of someone who should have provided for you, then you may be able to claim against their estate. Similarly, if someone is trying to make a claim on an estate left to you, we can represent you in your claim.

If you are involved in a dispute we can help you resolve it, and expertly represent you if litigation is necessary.

But protecting your rights can be a challenging process, and the mechanics of litigation can be confusing and frustrating.

Our reputation is largely founded on our excellent litigation skills honed over 50 years; we have numerous groundbreaking decisions to our credit.

Going to court, however, is not always the only solution, or necessarily the best. We are well-versed in alternate dispute resolution techniques, and will advise you of the best course of action for your situation.

Where litigation is necessary, Turner Freeman’s experienced team will swing into action to help secure you the best possible outcome, as quickly as possible. We understand the pressures you will feel so will support you in any way we can.

Taxes: staying ahead
Your assets may be subject to various taxes when you die.

Capital gains tax applies to estate planning in that many assets will be liable in the hands of your beneficiaries. Depending on their financial status, your estate may also have to pay tax on your superannuation and annuities when you die.

There are various ways of minimising the taxes on your assets during your lifetime, and after your death. When you make or alter your will or estate plan, it is vital that you consider all the tax implications.

Tax law is intricate, and it changes constantly. Your Turner Freeman legal advisors understand it thoroughly, and stay abreast of all developments.

We can help you minimise your taxes by giving you current, reliable advice on the most tax-effective strategies for your circumstances.

Trusts: setting up security
A trust allows you to transfer assets to others, either while you are alive or after your death.

Trusts are not just for the very rich. They can help you achieve a wide range of aims, such as:

Giving others an interest in your assets but retaining control of them while you live
Minimising the tax you or your beneficiaries have to pay
Ensuring the benefits of your assets flow to your beneficiaries as you intended
Protecting beneficiaries from claims by others such as former partners or debt collectors
Leaving your assets for the benefit of someone who is not capable of looking after them, such as a child
Preventing beneficiaries from making unacceptable use of your assets
Setting up long-term management of property on behalf of beneficiaries

There are various kinds of trusts including:

Inter vivos trusts, or “living trusts,” that take effect while you are still alive
Testamentary trusts that take effect after death
Discretionary trusts that allow a trustee to decide which beneficiaries receive what, and when
Charitable trusts giving your assets to a charity

Trusts are often set up for families, but can also involve other people, such as friends.
When you set up a trust, you must appoint a trustee or group of trustees to manage it. Trustees may have great power over your estate. You must be able to depend on them to act in line with your intentions, and to be diligent in keeping the trust’s financial records in order.

A trustee could be a family member, friend, lawyer, accountant, trustee company or public trustee. People often appoint family members or friends. However in some cases a potential conflict of interest among them may create problems. An alternative is to appoint a professional such as an accountant or public trustee company, but this may involve large fees.

Someone to depend on
Turner Freeman are experts at setting up trusts. Our team can help you make decisions on whether you need a trust, which type is best for you, and who to appoint as trustee.

If it suits your circumstances, you can also appoint one of Turner Freeman’s partners to act as a trustee for you, so you can:

Ensure your assets are managed professionally, in line with your wishes
Ensure your beneficiaries will deal with a supportive, responsible trustee
Make substantial savings on trust management fees

Multi generational estate planning: Strategic solutions
Passing family properties from generation to generation requires careful planning. If parents give a family business or asset to their child and the child marries, only to get divorced later, the family business or assets may be divided. Similarly if a child is particularly careless with the assets, there may be nothing left for future generations. Estate planning is the best means to protect the estate or business from volatile family relationships and financial circumstances such as bankruptcy or to pay creditors or legal costs.

Multi generational Estate Plans aim to look after the family’s long-term capital preservation requirements and ensure that your assets will be passed to future generations continuing your family wealth or business. The Wills and Estates team at Turner Freeman can advise you on what sort of plan best suits your wishes and circumstances.

Our clients: guiding you through

Among the clients Turner Freeman represents are:

People who want to make, change or dispute a will
Those who want to set up a trust or Trustees of an estate
Appoint a guardian for children or disabled people
Those who wish to give instructions should they become disabled
Power of attorneys

Frequently asked questions:

While every will or estate matter is unique, some questions are still common:

Q. What is the difference between a will and a trust?

A. A will transfers assets to others on your death. A trust transfers assets to others either before or after your death, while you retain control of how they are distributed if you wish.

Q. What effect does a divorce have on my will?

A. A divorce will have no effect on your will. If you divorce and no longer wish to leave your assets to your previous partner you must review it after your divorce.

Q. How can I revoke a will?

A. This is usually done by publishing in writing a revocation or by destroying the will, but there are other ways.

Q. What is probate?

A. Probate is the legal authority of the Court by which your executor is authorised to administer and distribute your estate to your beneficiaries

Q. What are “will contests”?

A. A will contest is a type of litigation challenging the admission of a will to probate and the subsequent distribution of property to beneficiaries.

Q. What is the basis for a will contest?

A. Common objections are that the will was not properly drawn up, that the will maker lacked mental capacity at the time the will was executed, or that there was fraud, forgery, force or undue influence.

Wills and estates client testimonials

"My lawyer at Turner Freeman always had a comforting word for me and seemed to know what he was doing, inside out. Even at the hearing, thanks to the advice that he gave me, I felt confident to go in the witness box and answer all the questions."

"Turner Freeman seemed to understand not only the legal issues but also how [to] best help me when I was going through a difficult time.”

Turner Freeman represented the above clients on will and Estates disputes.

Turner Freeman always made me feel confident in the position I took…I was surprised at how little the litigation cost me.”

Turner Freeman defended this beneficiary from a claim against their inherited estate.

I found the team at Turner Freeman to be very understanding and helpful. I relied a great deal on their advice and I found them to be available to speak to me whenever I needed to speak to them.

Comments regarding the will and estates team from a client having difficulties with the executor of an estate and payments to be made from superannuation funds.

Click here for Wills and estates case studies

Personal service you deserve: a refreshing change

Turner Freeman has a reputation for excellence, founded on half a century’s worth of solid experience. But your unique needs are always our starting point.

We will treat your wishes with respect, and act on them with integrity.

Because we’re professionals, we take great pride in our expert knowledge of our field, and our ability to distil it all into practical options for you.

You’ll find us easy to talk to, even on the most sensitive subjects. We work hard to cut through the jargon to give you clear, meaningful advice.

Because our team come from diverse ethnic backgrounds, we can most likely understand your cultural sensitivities, and perhaps even speak your language.

We back our team with the resources of a national firm; so you can be assured you’re receiving the best support money can buy.

Further information

If you would like to know more about wills and estates, other than contacting Turner Freeman, the following organisations might be of assistance:

For general information about wills and estates:

Australian Law Online
www.law.gov.au

For information on financial affairs and property:

Office of the Protective Commissioner
Tel: 02 9265 3131
www.lawlink.nsw.gov.au/opc
Level 15, Piccadilly Tower, 133 Castlereagh Street, Sydney NSW 2000

For help on appointing guardians and financial managers, or on medical consent for people who do not have the capacity to make their own decisions:

The Guardianship Tribunal
Tel: 1800 463 928
www.gt.nsw.gov.au
Level 3, 2a Rowntree Street, Balmain NSW 2041