Asset & Property Protection - Estate Planning Review Checklist
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:
Please Check any boxes which are relevant:
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:
Further Information/Queries : Please contact Alex Tees
Tel (02) 9281 3230/9016 7934/0409813622
Email firstname.lastname@example.org SKYPE “alextees”