The Will is but one part of estate planning. Consideration also has to be given to non-estate wealth, such as trusts, superannuation, advancements and other benefits received from outside of the estate.

Madgwicks’ Estate Planning team can assist you with all your estate planning needs including the preparation of appropriate wills (including testamentary discretionary, mandatory, charitable, special disability and protective trusts), enduring powers of attorney, medical powers of attorney, and superannuation death benefit nominations as well as reviewing family trust deeds and business succession arrangements.

Madgwicks’ approach to Estate Planning & Wealth Management is a holistic one - that is we aim, in an integrated manner, to deal with all assets a client might regard as theirs, whether they be held personally, through a trust, in a superannuation fund or be an entitlement under a life insurance policy.

Our Estate Planning team works closely with our Taxation team to ensure your family’s inheritance is as tax effective as possible and protected against third party claims and creditors.

The services we provide in the Estate Planning & Wealth Management area include:

  • Estate and succession planning
  • Preparation of Wills, Codicils and Powers of Attorney
  • Probate and administration of deceased estates
  • Applications for Executors Commission
  • Family and charitable trusts
  • Asset protection
  • Estate conflict resolution
  • Tax planning
  • Superannuation issue management, including applications to the Superannuation Complaints Tribunal

Madgwicks’ experience includes:

  • Equality of distribution among children.
  • Tax effectiveness on the transfer of wealth.
  • For the wealth to pass to the intended child or other beneficiary, and not to the son or daughter in law, or the creditors of the child or other beneficiary.
  • For the wealth to stay within the family, and not to pass to former spouses, or to step children.
  • For the inheritance to be protected from claims made by in-laws or creditors.
  • Protection of the wealth where the beneficiary is vulnerable, through immaturity, mental or physical disability, addiction or is susceptible to undue influence.
  • Effective transfer of the control of family trusts to family members.
  • Distribution of Superannuation Death Benefits to be consistent with the terms of the Will, ensuring wherever possible, that the impact of taxation on Superannuation Death Benefits is minimised.
  • For the transfer of wealth to take into account advancements and receipts from outside of the estate.

Our Experts

Thought Leadership & Past Experiences

Five things you need to know about challenging or contesting a will

Contesting a will is an emotionally challenging decision that regularly involves disputes with a loved one. To try and minimise distress and ensure a smooth process, it is important to ensure that you make the correct claim within the required...
31 July, 2019

Nieces, nephews and will disputes – finding the family dynamic

Specificity is key when referencing nieces and nephews in a will.
8 August, 2018

Dying without a valid Will – Victorian Intestacy Law

In brief Important changes to Victoria’s intestacy laws have come into effect from 1 November 2017. Intestacy in Victoria When a person dies in Victoria without leaving a valid Will, the estate of the deceased person is distributed according to...
20 November, 2017