Wills & Estate Planning Advice in Sutherland Shire

A solicitor drafts your will and legal documents. A financial adviser checks how your will, super, and trusts work together with tax and Centrelink rules. Working together, we make sure the plan does what you intend.

Super doesn’t automatically form part of your estate (opens in a new tab). Without a binding death benefit nomination, the fund’s trustee decides who receives it. Under Regulation 6.17A (opens in a new tab) of the Superannuation Industry (Supervision) Regulations 1994 (opens in a new tab), a standard binding nomination lapses after three years unless renewed. Death benefits paid to non-dependants, such as adult children, can be taxed at up to 17% on the taxable component, including the Medicare levy. I coordinate your nominations, reversionary pensions, and will.

Timing and structure both matter. Selling an inherited main residence within two years of death can avoid capital gains tax (opens in a new tab). Super paid to a spouse is tax-free, while super paid to an adult child can be taxed. A testamentary trust (opens in a new tab) lets income paid to children under 18 be taxed at adult rates. I model these options with your accountant.

It depends on how the property is owned. Property held as joint tenants passes to the surviving owner automatically, outside your will. Property held as tenants in common passes under your will. I check each title and whether a sale would trigger capital gains tax.

Yes. Super nominations and joint ownership cover some assets, but not your bank accounts, shares, cars, or personal items. Without a valid will, those assets pass under the intestacy rules in Chapter 4 (opens in a new tab) of the Succession Act 2006 (NSW) (opens in a new tab). I check that your will and nominations work together.

Every three to five years, or after a major life event: marriage, divorce, a new child, a death in the family, or a large change in assets. In NSW, marriage revokes an existing will unless it was made with that marriage in mind. I review your super nominations at the same time.

Yes, in the right situation. A testamentary trust (opens in a new tab) is set up by your will. It can protect an inheritance from creditors, family disputes, or a beneficiary who struggles with money. Income paid from it to children under 18 is taxed at adult rates, which can reduce tax for the family. Trusts add setup and accounting costs, so I check whether the benefit outweighs them.

Blended families face competing claims from a current spouse, former spouses, children, and stepchildren. In NSW, eligible people can make a family provision claim under Chapter 3 (opens in a new tab) of the Succession Act 2006 (NSW) (opens in a new tab). NSW courts can also treat some assets outside the estate, such as super, as notional estate. I work with your solicitor on nominations, ownership, and trusts so your wishes hold.

Relying on a will alone, letting a binding nomination lapse, and forgetting to update documents after a marriage or divorce. Ignoring tax on super death benefits is another. Informal transfers to family and vague instructions also cause disputes. I coordinate the legal, financial, and tax pieces into one plan.