Probate Will Lawyers Australia & Beyond, Probate Wills & Clients = Asset & Property Protection.

Probate ,Wills ,Trusts and Asset Protection

ESTATE PLANNING/ASSET PROTECTION REVIEW LIST

Asset & Property Protection - Estate Planning Review Checklist

www.legalexchange.com.au & www.trustdeedregister.com.au

www.probatewilllawyersaustralia.com Tel (02) 9281 3230 /0409813622/02 9011 6092

This checklist - some of the more important issues which may indicate that a review  is necessary.

Personal Details: Please complete the following so we can keep your details up to date:

 

Your Full Name/s:

 

 

Home Address:

 

 

Email Address/es:

 

 

 

Please  Check  any boxes which are relevant:

Your Will/s:

o  Do you want to change any beneficiaries in your Will?

o  Has a proposed Will beneficiary died?

o  Has a proposed Will beneficiary ceased to be, or become, a resident of Australia?

o  Do you want or need to change any of your Executors?

o  Do you want to change any guardians of your minor children?

o  Have there been any significant changes to your assets or liabilities? (if so, please provide details in the space on the next page)

o  Have you had, or had more children or grandchildren (including adopted or fostered)?

o  Have you changed your marital status (e.g. de facto, married, widowed, separated or divorced)? (NB :divorce effectively cancels your Will at law)

o  Are there any new, or changes to, loans to proposed Will beneficiaries?

o  Are there (or likely to become) physically or intellectually disabled Will beneficiaries for whom you think special provisions should be made?

o  Are you concerned about:

·         a Will beneficiary being or potentially becoming a spendthrift and your assets being wasted on your death; or

·         a Will beneficiary who faces business risks (e.g. company director, partner in professional practice, etc.),

 

and you would like to both provide for that beneficiary and protect your estate?

 

o  Are you concerned about a Will beneficiary becoming bankrupt and losing their inheritance (i.e. your assets) to their creditors?

o  Are you concerned about a Will beneficiary losing their heritance if their marriage or de facto relationship breaks down?

o  Do you wish to provide an education fund in your Will for your children or grandchildren?

o  Do you want to change any gifts under your Will?

o  Have you made significant gifts to proposed Will beneficiaries which you want to be deducted from their future inheritance?

 

o  Have you taken out, or transferred the ownership of, any life insurance policies?

o  Has proposed beneficiary of a superannuation policy ceased to be a dependant for superannuation or taxation purposes?

o  Do you wish to make a new gift to a specific charitable organisation?

o  Do you wish to make a gift of assets which are actually owned by a family company, family trust, SMSF or other entity?

o  Have You Registered your Will to protect against Loss ?/Storage Adequate ?

 

Your Enduring  Powers of Attorney and Enduring Guardianship:

 

o  Do you want to change your Enduring Attorneys?

o  Do you want to change your Enduring Guardians?

 

Investment, Business and other structures,Companies/Partnerships/Trusts:

 

o  Have you established a family trust, family company, SMSF or any other entity since your last Will?

o  Are you concerned about the passing of control of your family company or trust?

o  Could family trust distributions which have been allocated, but not yet paid, to beneficiaries (e.g. children) frustrate your desire to treat them equally?

o  Are you concerned about the effect of your death on a family trust, family company, SMSF or other entity

o  If you are a business owner, are you concerned about what will happen to your business when you (or your business partner/s) die or lose mental capacity?

o  Do you and your business partner/s need to have a proper business succession plan in place?

o  Have you considered Registering your Trust Deed/ensuring against its loss ?

Have you or do you plan to make Gifts of Money to your children/Beneficiaries while you are alive ?  - should you consider making such gifts a loan instead to provide Family Law and Bankruptcy type protection ?!

…………………………………………………………………………………………………………………………………………………

If there have been any changes in your circumstances, if you need to add further details to the forgoing, or if you have any concerns, please provide details below:

 

 

 

 

 

 

 

 

I/We declare that to the best of my/our knowledge and belief the above information is true and correct:

 

Signed:

 

__________________________________          ___________________________________

 

 

Dated:

 

 

Further Information/Queries : Please contact Alex Tees

Tel (02) 9281 3230/9016 7934/0409813622

Email atees@bigpond.com  SKYPE “alextees”