Estate Planning

Wills and Estate Planning

Planning for your future

Estate planning is so much more than simply making a will and seeking advice from an experienced wills and estate lawyer from the outset is critical. The preparation of an estate plan starts with an entire review of the state of your personal, family and business affairs with a view to determining how you want things to be finalised after you pass away. Whilst a will is a good starting point, there are a lot of other matters to be considered including powers of attorney. A well-prepared estate plan considers your current lifestyle needs, business and tax arrangements, plans for retirement and, details the allocation of your assets according to your wishes. Your estate plan can also make allowances for unforeseen events such as sickness, divorce or family dispute. Our experienced lawyers can advise you on the variety of issues that need to be taken into account when planning an estate.  We  have been helping Cairns and North Queenslanders put their affairs in order for over 25 years.

 

We offer legal advice and services for:

Wills

Planning now for your family’s future is an important legal task. Making a legally binding will and testament can save your family money and stress as they deal with your affairs after your passing. Miller Harris Lawyers can advise you on the various matters that should be considered in your will and can prepare and hold the necessary documentation.

Powers of attorney

There are a variety of circumstances such as international travel, age, sickness or accident, which may render you unable to control your financial affairs - either now or in future. An important component of planning your estate, is creating a power of attorney that appoints a person to act for you to do certain financial things on your behalf when circumstances require.

Enduring powers of attorney

An enduring power of attorney continues to be legal even if you are unable to make these decisions yourself. This means that someone you choose, can take control of your financial and legal affairs if you ever lose capacity.

Superannuation including self-managed superannuation funds

Superannuation is another important part of your estate that should be allocated as part of your estate plan. Miller Harris Lawyers can help you understand your options for accessing and distributing your superannuation before or after your death.

Family trust succession planning

Assets held in family trusts are not owned by parents and therefore, cannot be dealt with in a will. Distribution of these funds can be complex and have tax consequences. Miller Harris Lawyers’ experienced estate planning team can provide advice on how to best allocate these funds and the practical issues that need to be considered.

Testamentary trusts

A testamentary trust is established under a will but, does not come into effect until after the death of the will-maker. Our estate planning team can advise you on incorporating a testamentary trust within your will to provide significant flexibility along with asset protection and tax minimisation for those who will benefit from your estate.

Business succession planning

An often overlooked component that must be considered when developing an estate plan, is business commitment or venture. Succession planning should be a key part of the business strategy but, is equally an important consideration when planning for the distribution of your estate.

Meet the experts in
Wills and Estate Planning

Sean Walsh

Partner

Sean is an experienced business and commercial lawyer, having practised exclusively in these areas for more than 20 years.

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more about Sean

Bianca Stafford

Bianca is a commercial lawyer with a broad range of experience in wills and estates, probate and estate administration, and estate dispute resolution.

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more about Bianca