CharterLaw Estate Planning, Litigation & Asset Protection


Estate Planning

If you own a family home and investment assets (including superannuation), tax effective estate planning can reduce tax and provide future financial flexibility for your dependants. If you control wealthy structures, tax effective planning can ensure this wealth becomes available to your beneficiaries on your death.

Estate Litigation
Effective estate planning reduces litigation. Estate litigation arises if a will is legally deficient (for various reasons) or provides inadequate provision for certain beneficiaries.  Executors are prohibited from receiving an estate or financial benefit as a result of a conflict of interest and a court will order that such benefit be repaid to other estate beneficiaries.

Asset Protection
For larger estates, tax effective estate planning can reduce the future risk of beneficiaries losing their inheritance because of financial mismanagement (i.e. bankruptcy) or if there is a change in their domestic status (i.e. divorce).

Estate Planning Team of Lawyers
Peter McCrohon

Peter McCrohon

Estate Planning Lawyer
Karin Bergseng

Karin Bergseng

Estate Planning Lawyer
Scott Gray

Scott Gray

Estate Planning Lawyer
Tax and Estate Planning

Tax and Estate Planning

Our Estate Planning team can assist you in planning the distribution of assets you have accumulated over your lifetime in a tax effective and secure manner.

21st Century Wills

21st Century Wills

The CharterLaw Legal 21st Century Will not only deals with your assets on death but also focuses on transferring control over assets that you do not own that are held in entities you control.

Estate litigation & contesting entitlements

Estate litigation & contesting entitlements

More frequently today claims are made against the Estate on the grounds that the deceased failed to make adequate provision for a particular person who stands in a close relationship with the deceased.

Executors duties & liabilities

Executors duties & liabilities

Executors have strict obligations at law and conflict often arises when executors (who are also beneficiaries) unlawfully prefer their own financial interests over those of other beneficiaries.

Obtaining Probate

Obtaining Probate

Probate is the process of the Supreme Court of NSW sealing the will of a deceased as the deceased’s last will.
The executor named in the will is the person responsible for applying for probate.

Administration of Estates

Administration of Estates

After probate has been obtained the Estate has to be administered which includes the transmission of assets, payment of estate and testamentary expenses, transferring assets specifically gifted, paying out any specific legacies, sale of estate assets and making a final distribution.

Treatment, Protection and Control of Overseas Assets on Death

Treatment, Protection and Control of Overseas Assets on Death

Our Estate team can assist you with planning your will and putting in place strategies that deal with assets you hold overseas or making gifts to persons who are residents in another country.

Life Planning Instruments

Life Planning Instruments

Making provision for substitute decision makers is an important and effective tool in your Estate Life management plan.
Our Estate team can assist you with putting in place such instruments that provide you with peace of mind.

Life Estate Plan and End of Life Estate Plan

Having a Life Estate Plan is about planning for the mishaps in life that may substantially impair your ability to manage your own financial affairs and well being by appointing substitute decision makers such as an attorney or enduring guardian. An Estate Life Plan may also require the movement of assets into a trust to protect assets built up over your lifetime because of changes in your risk profile (eg personal liability in a new business adventure).

Having an End of Life Estate Plan is about planning for the distribution of your estate to those who you most wish to benefit in a tax effective and structured manner.  Such planning involves knowing what to do with property held in your own name, property held jointly with others and property held in a company or trust over which you exercise control.  Each property holding structure has its own unique attributes for planning whether it be a testamentary trust in a will or a succession agreement for a company or trust or appointing successor trustees to your self managed super fund to ensure payment of your death benefits is made to the persons you nominate as the beneficiaries of your super.

In devising estate plans for wealthier clients, CharterLaw works where necessary, in conjunction with your accountant or financial planner where required, such as assisting those clients with Superannuation death benefit nominations.

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