Even the British royal family cannot avoid family feud, and its rivalry often intensifies social media and public discourse. In a way, that explains the importance of estate planning, not the least for most families with considerable assets.

 

But everyone’s circumstances are different. Some give preference to a particular sex lineal in the decision to bequest the estate. A specific family member may have physical disability hence the planning prioritises his/her protection. The patriarch/matriarch wants to avail themselves of a pension scheme and legally minimise tax incidence. At the increasing rate of marriage breakdown, the plan proposes to exclude ex-partners, step- or out-of-wedlock children from unintended estate distribution. You should consider the size of superannuation benefits, including SMSF and the timing of the release.

 

Despite the planning, unfortunately, litigation can be unavoid­able in the following situations. A will can be set aside if there is an element of undue influence affecting the capacity of a testator, for example. Disgruntled child claims not adequately provided for the maintenance and support of his/her life. Or ex-partner of the adult child claims family trust asset at the breakdown of the marriage. We understand the intricacies and interrelation between estate litigation and other areas of law. More importantly, we understand the need to carefully supervise litigation process firstly to avoid dissipation of family wealth and secondly litigation costs are not disproportionate to the value of the dispute.

 

We can assist in achieving your desired posi­tion in the process of estate planning and litigation. We advocate estate planning as a way of building and preserving wealth.

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