Wills and estates

Our wills and estates specialists offer a full suite of legal services and advice designed to protect your assets and interests for future generations.

Estate planning involves a process of analysing your wishes, your assets and liabilities, your family dynamics, your financial and business structures, and the operations of the current laws such as taxation and superannuation.

Our experienced legal team takes you through a streamlined process that takes your entire situation into account and can help you with:

  • Will drafting
  • Testamentary trusts
  • Personal and business succession planning
  • Powers of attorney
  • Enduring guardianship
  • Advanced care directives / medical treatment decision makers
  • Superannuation advice and binding death nominations
  • Consideration of other trust structures
  • Tax implications
  • Estate administration and distribution
  • Will disputes / family provision claims
  • Dealing with consequences of intestacy.

At Madison Marcus, we tailor an estate plan to your individual circumstances, asset structure and needs. The estate plan model will take shape following consultation and advice provided by our team and will be translated into a number of documents, which will ensure the following:

  • You have an ordered and secure, yet simple and flexible, structure for your affairs for the present and future.
  • You have scope for building up assets during your lifetime.
  • You have a comfortable and secure retirement plan.
  • You have a suitable balance between enjoyment of property and income during your lifetime and a preservation or creation of capital for your beneficiaries on death.
  • As far as possible, recognise and balance the claims of any current and/or former spouse/s, children from a current relationship, children from a former relationship/s, any persons for whom you had an obligation to provide for and who are vulnerable or handicapped, any other persons who have special claims on you, persons who may have a Family Provision Act claim against you, and charities.
  • That you are provided for satisfactorily if you are a member of a blended family.
  • Due regard is given to your superannuation and life insurances as tools for building up and preserving your estate and providing for people.
  • You have a plan that is tax friendly towards you during your life and towards your family and others after your death.
  • You have a plan that is administratively simple to operate and not unreasonably expensive to maintain.
  • You have a will that is seen to be an essential part of your overall estate plan and fits comfortably with other parts of your plan and is not drafted in isolation from parts of your overall situation.

Our expert team can also advise and assist clients in the following:

  • Family trusts
  • Discretionary trusts
  • Unit trusts
  • Special disability trusts
  • Business trusts
  • Self-managed super funds
  • Deed of family arrangements
  • Corporate restructuring
  • Advice on asset protection

For all enquiries in relation to wills and estate planning, or for a free 15-minute consultation, please contact our expert team today via the form on this page.

Our key people | wills and estate planning

Theresa Armstrong


Denis Hall

Special Advisor

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