Personal Wills & Estates in Southport
Personal Wills & Estates
Whatever stage of life you’re in, you never know what the future holds and should plan accordingly, to ensure that your loved ones are accommodated in any event. You’ve worked hard to earn what you have, so to avoid your assets being distributed into the hands of anybody but those you intend, it is essential to seek appropriate legal guidance.
Thornton Legal can advise you on a wide range of services such as wills, power of attorney, enduring powers of attorney, estate planning, asset protection and more. For genuine advice and comprehensive protection, speak to the team at Thornton Legal and ensure your assets are protected both now and when you pass them on.
Your intended beneficiaries/loved ones will appreciate the effort you make now to secure their future. For specific information on wills, estate administration, estate disputes and superannuation, please read more on this website or contact the team at Thornton Legal to discuss your plans and options.
Estate Planning
Estate planning involves much more than just making a will. You wouldn't go on a trip without planning where you are going to go and consider as many of the key issues as you need to consider. Yet many people don't plan for what will happen with their assets when they die. It's very easy to put it off but it is something every person should do.
With many years of experience assisting people to properly prepare their affairs for their passing, we can guide you through the choices you need to make.
We see estate planning as a process which seeks to ensure the right people get the right assets and at the right time. We help you to review your assets and the other structures you may own or control to ensure the best possible outcome for your intended beneficiaries. We take the time to fully understand your entire situation, from family issues, guardianship of your infant children, potential capital gains tax issues and issues of control of your structures after your death, we guide you through the options available to you and ensure your wishes are not compromised by any otherwise unforeseen consequences.
In addition to preparing a will for you, we can also prepare:
- Enduring Powers of Attorney
- Guidelines for your guardians
- Memoranda of wishes
- Business succession plans
We recommend to clients that they consider using a testamentary discretionary trust to better protect their children and also achieve a better tax outcome for their beneficiaries. We can tailor make a testamentary discretionary trust to suit your specific needs.
Estate Administration
Dealing with the death of a loved one is not an easy task. You often feel overwhelmed. You need to know that someone is looking after the details and processes, and assisting you to deal with disputes, so you can have the peace which comes from knowing things are being looked after. In that way, you can plan for your own future.
The administration of someone’s estate after they die can be a challenging time. Nowadays, this increasingly involves dealing with more complicated business structures and disputes amongst family members. With more and more blended families comes a greater prospect of disputation. Complexity arises far more often than ever before with partnership interests, family trusts and companies often part of a deceased person's estate.
Each family has its own unique set of dynamics which need to be considered and dealt with on a case by case basis. It can be a minefield, especially if you're not used to dealing with such matters.
Executors and family members need guidance to collect in the estate assets from various institutions and deal with creditors. We've done that for many years and know the tips and traps.
Often when there is no will (or a dispute) people are unsure what their rights are or who to turn to for guidance and solutions. The team at Thornton Legal can answer all of your questions in plain English and provide you with suitable options and solutions.
Unlike many firms, Thornton Legal offers a fixed scale of costs when administering estates ,rather than charging on an hourly basis or percentage of assets. By charging this way, you can take comfort knowing your costs are settled and that your law firm is simply working towards settling matters fairly in your favour.
The team at Thornton Legal are not only experts in this area of law, but are also respectful of your circumstances and seek to find a hassle-free solution for you.
Estate Disputes
It is no surprise to anyone to say that disputes involving wills are increasing. With more and more blended and fractured families, there inevitably comes a greater prospect of disputation.
Disappointed relatives are left out of a will, will makers are living longer and their capacity to make a will is more often called into question. This all leads to greater uncertainty and concern for all involved.
Whatever the scenario, if you believe a will is unfair or may not be valid, or if you are the executor or administrator of such a will, you are likely to need expert legal help. You need to fully understand the options available to you, so that you can decide how to best deal with the scenario you face.
Our staff have been dealing with will disputes regularly for more than 20 years. Most commonly they take the form of either:
- A family provision application;
- A solemn form probate claim involving the validity of a will; or
- A contest about the interpretation of a will;
- These are most often stressful and exhausting for those involved but we can assist you to navigate the path toward a practical solution.
Thankfully, many estate disputes are resolved by negotiation or mediation. Getting your matter prepared and ready for that process though is critical to your prospects of successfully negotiating a good outcome. We know those processes and know how to get your matter ready for trial if the need arises.
If you do intend to challenge a will, certain key time limits apply. You need to talk to lawyer at the earliest opportunity to avoid breaching those time limits.
Whether you’d like to challenge a will, or defend a will which is being disputed by others, speak to us about the best solution to suit your needs and uphold your rights.
Superannuation
For most people, apart from your family home, superannuation is your biggest asset. It therefore needs to be specifically dealt with by someone who knows about this complex area of the law.
You need to know about how to include superannuation as part of the structuring of your assets or part of your business wherever you can. There are though more traps in this area than almost any other area of the law. This can make superannuation planning daunting, and sometimes overwhelming. We can help you to set things right and, in conjunction with your accountant, optimise your structuring. Our knowledge and experience in the areas of superannuation, tax, duty, asset protection and estate planning, mean we have the expertise to get it right when it really counts.
We understand that superannuation is an important part of any asset structure and we provide advice which is tailored to suit you. Whether you want to plan for the ideal way to access your superannuation, pass it on to the next generation or get more out of your super via a self-managed super fund, we can advise you of your options, to ensure you’re achieving the best outcome for all the hard work you’ve already done.
Send Us an Enquiry
Whatever your circumstances are, we’re here to help – call Thornton Legal at 07 5532 3414.
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