Estate planning … a smart move for the silly season

Peace of mind for the holiday season.

As another year comes to an end, now is the perfect time to have Ballantyne Law Group check the status of your estate planning strategy. That way you can leap into the holiday season knowing your needs and wishes are in the best of hands.

Will You Save Money by Writing Your Own Will?

Even the simplest of wills is important because it contains your wishes for your estate. Here, Ballantyne Law Group’s estate planning team explains why engaging a solicitor to prepare and administer your will is still a wise investment, despite cheaper options available today.

When do you need to make a new will?

Personal estate planning is an evolving process. It is very rare for our circumstances to remain static throughout our lifetime, which means that just making a will is not enough – you should be aware that you need to review your estate plan regularly, and particularly when your personal circumstances change significantly.

Do you have an exit strategy? Estate and succession planning for business owners

Exit strategies are important.  Whether it is an uncomfortable social gathering on a Tuesday night or your retirement plan, having a departure strategy allows you to move forward with confidence.  One of our good friends shamelessly “smoke bombs” at exactly 8.18pm from virtually every event he attends – it is an exit strategy that works for him.  Estate and Succession planning allows business owners to give certainty to their families and business partners about their departure plans.

Informal Wills in Queensland

In an ideal world, we would all be up to date with our planning, including our estate planning. Unfortunately, studies show that a large proportion of Australian adults do not have a current, up-to-date will. What happens when someone dies without a will, but with another document that may purport to be a will but that doesn’t meet the formal requirements? In 2006 changes were introduced to the Succession Act 1981 (Qld) (the Act) which authorised the Queensland Supreme Court to recognise (in limited circumstances) these ‘informal wills’ in Queensland.

News round up – Estate Planning

Recent national news stories have put the issue of estate planning into the spotlight. These articles highlight generally the critical importance of appropriate estate planning for Australian adults of all ages.

Independent Advice Certificate

It is becoming increasingly common for banks and other lenders to require borrowers or guarantors to obtain independent legal advice about their rights and obligations. Generally, these lenders will require that the solicitor providing the advice gives the lender an Independent Advice Certificate which certifies certain things.

Shareholders’ Agreements

A shareholders’ agreement is an agreement that governs the relationship between a company, its shareholders and other key people. A shareholders’ agreement shouldn’t be an ‘off the shelf’ product, rather the agreement should ideally be negotiated between the shareholders and the company to ensure that it properly deals with the specific issues of that company.

Who controls a Discretionary Trust?

Discretionary trusts (often referred to as family trusts) are a very common method of holding assets in Australia, and are used to hold property and other financial assets and also as a way to own and operate small businesses.