A person’s Estate consists of the property they own. Property can take many forms and includes real property (residential and commercial land and buildings), shares, business equity, investments, cash, Superannuation and a range of legal and equitable rights or interests such as a right pursuant to an Option Agreement or a right to provision from a Deceased Estate.
Most people work hard to accumulate property and wealth, but many individuals do not take adequate steps to protect their Estates from unforeseen events or third-party claims.
The protection of property from claims, disputes and personal insolvency are key aspects of Estate Planning. Most commonly asset protection is achieved through asset structuring.
This involves the isolation of property from risks. Spouses, Trusts and Companies are useful vehicles for achieving asset protection through structuring.
Other useful Estate Planning tools include; Loan & Security Agreements, Business Succession Planning Agreements, Wills creating Discretionary Testamentary Trusts, Binding Death Benefit Nominations, Estate Planning Agreements and Agreements to Make Mutual Wills.
Estate Planning is not just about having a Will or even a Will that creates Discretionary Testamentary Trusts. These days advanced or modern Estate Planning involves planning for the protection of property during your lifetime for your own benefit, the growth of wealth in a tax effective environment and finally, planning for the succession of your Estate on death.
Property & Estates Law governs legal issues and transactions relating to the:
Download our Advanced Estate Planning Guide: Simple Legal Solutions to find out what Estate Planning issues might be relevant for you and your family and the legal solutions available.
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What is “testamentary capacity”? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. […]
Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person […]
“I wanted to pass on a huge thanks from Renee and I for the advice and help you both gave us on our sale and purchase transactions. We’re looking forward to the start of a fantastic next chapter for the Sommer family in the house.
You’ve both been outstanding in terms of your professionalism and responsiveness. We’re extremely happy we came to Roberts Legal and were able to work with you both. Please ensure you pass this note and our thanks on to the practice owners.”
Warwick Sommer
Rebecca and the Team at Roberts legal have been very professional, considerate, dedicate, directly contactable and above all very prompt with providing the necessary and vital legal advice when I needed it most. They understood the urgency of the matter at hand and acted accordingly which provided me with peace of mind that subdued all my unnecessary anxiety and stress. I will highly recommend Rebecca Wosman and Roberts Legal to my friends and family if a need arises in future.
Dr. Sharwan Narayan
“When my wife and I were starting to prepare our Wills you went the extra mile to ensure that our Estate Planning also covered all those “what if” scenarios that so could easily have been overlooked that could have caused either us or our children unknown stress at what is likely to be an extremely stressful time when it is required. The peace of mind this attention to detail has given us can not be measured in dollars.”
Luke Stevens, Amber Tiles
“Anna Roberts was a pleasure to deal with. She always took my calls or returned my messages promptly when she was not available”
Ronald Lightfoot
“Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life”.
Johanna Lillford
“Anna’s professional and diligent manner was pleasing to deal with. She promptly attended to the administration of the Estate and kept me informed of any progress at all times. She was compassionate and understanding during what was a difficult period of my life.”
Margaret Akerman
“When it came time to sell we had a complicated transaction due to the nature of the tenancies and Roberts Legal were able to provide the best advice to minimise risk and ensure a smooth transaction.”
James Johnson, Licensed Real Estate Agent
“Your attention to detail and constant communication ensured that we were always comfortable with what was happening and removed a lot of the jitters that buying a family home usually entails. In fact the Vendor’s Agent even commented at how well and promptly your office communicated with him, he commented that in most cases it was the Agent forever ringing the Solicitor or Conveyancer to follow up but that he did not feel the need to do so with your firm.”
Luke Stevens, Amber Tiles
“Roberts Legal acted for us on the sale of our residential premises. I found them to be professional, efficient and courteous. Roberts Legal is currently acting for us on the sale of another property and I will confidently continue to use the services offered by Roberts Legal, knowing that my matters are in good hands.”
Jeff Shanahan
“The business succession planning guide and term sheets (questionnaire) provided by Roberts Legal are useful resources for anyone in a co-owned business. It breaks down the issues in everyday language and allows the business owners to identify and resolve all of the important issues proactively before they become a problem. The simple questionnaire helps business owners to have the awkward conversations with their business partners in an objective way that creates certainty for all the owners. As a Chartered Accountant I often come across situations where a disagreement between co-owners leads to the demise of the business and it’s good to know I can refer my clients to the business succession planning guides provided by Roberts Legal to establish the rules of the game from the start to keep everyone moving in the same direction. Every co-owned business needs a succession plan and this is an easy and inexpensive way to begin to build one.”
Trevor Monaghan, Climax Business Strategies Chartered Accountants
“It is surprising to find a law firm that provides such clear and concise guides to business succession planning and shareholders’ agreements. Having been through the exercise with a number of our accounting practice clients, it is good to have a tool that can be used to assist our clients in forming a clear picture of how they want their business to continue following an unexpected event and how they expect the various shareholders to interact with each other. The Business Succession Planning Guide and Term Sheets enable us provide a clear set of instructions to the team at Roberts Legal.”
Richard McArtney, Bentley Accountants Newcastle Pty Limited
“Thank you Roberts Legal for another flawless conveyancing performance. We love your work and will continue to throw all jobs your way!”
Fiona Davis
“I have been very impressed by the way in which you conduct your business – very professional yet friendly and always approachable. I commented to a friend at the time “Wow, these guys are certainly ‘on the ball’ – and you still are!”
Judith Vitens
“Sam Roberts has assisted our Company in relation to a range of issues relating to a large Property Development. The quality of advice and results achieved have been greater than I originally expected when our Company first made the move to Roberts Legal.”
TIA Properties Pty Limited
“Sam and the team at Roberts Legal provide an efficient service and practical advice. Specifically I would not hesitate to recommend the Estate Planning service to anyone considering how best to plan the succession of their assets.”
Christine Lusher, Lusher Financial Services
“Anna prepared my Will, Power of Attorney and Appointment of Enduring Guardian without delay. She explained them to me in plain-English and made sure I understood their contents before I signed them.
I would highly recommend Anna Roberts to anyone who needs legal advice in relation to the preparation of Wills and organising their affairs.”
Ronald Lightfoot
“Robert Legal are great! I had my Will done by your people and I had the best service and advice. I’ve been recommending Roberts Legal to many people.
The secretaries are awesome too!”
Lou McVie
“Thanks Sam and the team for excellent service in recent months – estate matters, property transfers and resolution of debt disputes. Your services have been prompt, efficient, professional and considerate of our needs. But most of all, thanks for getting the results we sought.”
Steve and Julianna
“Thank you very much for your assistance with my purchase. It was a pleasure dealing with you. I will let you know when we find the next one.”
“I have used the services of Roberts Legal and in particular Sam Roberts for both myself and for my clients, and continue to do so. Sam has proven to me he has an in depth knowledge of legal matters, is very approachable and discharges his responsibilities in a timely and professional manner.”
Erminio Adoranti, Accountant, Adoranti & Co
“We have used Sam Roberts now on a number of occasions for various legal matters – including some very complex issues. On all occasions Sam and his team have been extremely professional, efficient and courteous.”
Brentwood Skin
“Roberts Legal recently acted for us in the purchase of our house. Their Solicitors and staff were friendly, available and professional throughout the conveyancing process. I am very happy to recommend Roberts Legal as they provided great value for money.”
David Grime, Merewether Golf Club
“My company recently engaged Sam Roberts and Roberts Legal to act on its behalf in relation to the sale of two (2) commercial properties at Dubbo. I found that Sam understood everything in relation to my business and acted extremely fast on anything that needed to be done. At all times the service was very prompt and efficient.
Sam and his team helped our company overcome a major stumbling block in relation to our sales which meant that the sales of our significant commercial properties could proceed. Without Sam’s assistance the loss of the sales and impediment of the stumbling block would likely have cost our company hundreds of thousands of dollars.
Even my commercial agent who deals with many Solicitors and law firms commented on how efficient Sam and his team were.
I found Sam to be very professional in the matter that he has acted. For a young fellow he has done extremely well.”
Nik Shalimov, Dubbo Developments Pty Limited
“Sam & his team at Roberts Legal should be your first port of call if you have any legal questions. He is friendly (yes a friendly solicitor!), well versed in many forms of law and available when you need him. We love the regular social media updates on all different issues, keeping us in the loop when important legislation changes occur.”
Tiron Manning
“Sam has assisted my company in relation to the commercial and retail leasing of properties and related advice over the years. I have always been impressed by Sam’s diligence and attention to detail.
I have found Sam to be very professional in the manner that he has acted. I would not hesitate to recommend Sam Roberts and Roberts Legal to any commercial property owner or to anyone looking for an excellent legal services provider.”
Nik Shalimov, Dubbo Developments Pty Limited
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