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Estate Planning

Wills

Join our Will Amnesty!

Is your Will up to date? Have you married/divorced? Bought/sold property? Had children? If the answer is yes, or if you haven’t reviewed your Will in the past 5 years, it’s likely outdated. 

Bring in your current Will for a free health check to ensure it’s up to date. 

No judgement. No criticism. Just a helping hand to get it right.Join Us Now

Professional solutions

A poorly drafted will is often the downfall of many deceased estates, choose quality that will stand the test of time.

Updating is easy

A quick review is all it takes to ensure your estate plan is still relevant – chances are, it’s not.

Complexity made simple

Testamentary Trusts are one of the most misunderstood estate planning tools. Learn how one might benefit your circumstances.


A Will is a legal document that clearly sets out your wishes for the distribution of your assets and managing your affairs after your death. Having a clear, legally valid and up-to-date Will is the best way to help ensure that your assets are protected and distributed according to your wishes.

Professional Solutions

There’s nothing more subjective in law than estate planning. Cheap will-kits and even the best computer generated documents are not equipped to deal with the nuances and eccentricities of life. Our estate planning team take the time to work through your personal circumstances, to tailor a solution that is as all-encompassing and lasting as possible.

In preparing for your first meeting with our team, you should give consideration to, and collate the following information, to allow for a more robust and efficient discussion:

  • copies of any existing will or codicil;
  • personal assets you own and whether they are held solely, or with other people;
  • insurance policies you have in place, for example life, funeral etc and details of the named beneficiaries of those policies;
  • copies of any Binding Financial Agreement in place;
  • any directives given to your superannuation fund and the approximate value of your fund;
  • details of business and investment structures and their approximate value;
  • the name of someone you trust to care for young children (should you have any);
  • any charitable gifts you may like to make; and
  • your personal wishes. These include more than just who inherits your favourite tea pot, but more importantly covers who will be in charge of administering your estate once you pass (your executor). Relationships are often strained in grief and this role is typically onerous, so we strongly recommend appointing an independent executor and directing an executor assist program. Read more about our Executor Services products here.
Updating is easy

41%* of Australian’s don’t have a valid Will in place, of those who do, a large majority of those are in fact out of date. Many Wills reflect previous relationships, were drafted pre-marriage or children, or don’t reflect real assets such as property that has been bought or sold since. Ensuring your Will is up to date, is just as important as writing one in the first place.

A quick review of your current Will and a 30 minute chat with our estate planning team is all it takes to assess how healthy your Will is. We will quickly identify what elements of your Will are outdated, and where improvements may be made to accurately reflect your wishes, or protect your beneficiaries from potential challenges or unfair taxes.

For the average person, your Will should be reviewed in conjunction with your estate plan at least every five years, sooner if you have married/separated or acquired/disposed of a major asset.

(*(2015) Having the Last Word? Will making and contestation in Australia. The University of Queensland.)

Complexity made simple

Testamentary Trusts are an incredibly versatile and useful estate planning tool that is often overlooked due to the apparent complexity of their drafting. This is where many “automated” solutions fail, and where the greatest benefit can be gained in an estate plan.

For a quick overview of what a Testamentary Trust Will is and why they are better than a standard Will, we recommend you take a minute to read this article.

A Testamentary Trust will establish a trust for your beneficiary within the terms of your Will, setting out the individual terms that you wish to apply to that beneficiary and the assets involved in that trust. Particularly useful for beneficiaries who are at risk, bankrupt, have an estranged spouse or dependent, have drug or alcohol dependencies, or who are minor children, a testamentary trust affords a level of control that a simple Will cannot. For a detailed case study on the applicability of Testamentary Trusts to asset protection, click here.

Another attractive advantage to a Testamentary Trust, is the potential tax effective gifting strategies that may be available for your beneficiaries, potentially saving a lot of income and capital gains tax. For a detailed case study on the applicability of Testamentary Trusts to tax efficiency, click here.

Suitability of an estate to a Testamentary Trust should be worked through with your estate planning lawyer. For more information on Testamentary Trusts, contact us for a copy of our Testamentary Trusts brochure, or to make a time to discuss your circumstances with our estate planning team.

Click here for more information on trusts and other asset and wealth protection strategies.

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Paul Traianedes
Principal Solicitor - Estate Planning

Paul is the Principal Solicitor in Estate Planning at R.B. Flinders.

Having extensiv...

Magdalene Kambelos
Lawyer

After being admitted to practice, Maggie commenced as a lawyer with RB Flinders in August 20...