Lawyers - Business and Personal - South of Adelaide

To assist us in preparing your documentation, please download and complete our Will Instruction Form (you can download in Word or PDF Format) and make an appointment to see one of our friendly lawyers to discuss.

This might include Estate Planning, Wills, Testamentary Trusts or a review of your Business Structures.

Whilst many people put off the making of a will and reviewing such arrangements, at Andrew Rogers Lawyers we consider your needs to be of the utmost importance.

When preparing wills we encourage the appointment of family executors so as to avoid thousands of dollars in costs and expenses of public trustees. If a family trust can be utilised to safeguard your family's income and assets we will be pleased to assist you.

We are experienced in administering Estates. We shall advise you as to whether or not Probate will be required, and shall then ensure that your application is dealt with efficiently and promptly.

In the event a person dies without a will, we can advise potential beneficiaries of their rights and entitlement to share in the estate and assist with processing the appropriate applications.

In the event you have not been adequately considered in a will you may have entitlements under the Testators (Family Provisions) Act. We shall let you know your rights and conduct any necessary negotiations or application.

We can explain the risks and benefits and why most of our clients choose to have both of these documents as well as a Will. For the sake of themselves and for the sake of their families.

Planning your estate can be a complicated and demanding task, but an important one to undertake for the sake of your dependants and chosen beneficiaries.

We understand that you might need to know how to provide for your spouse, children and other dependants, whilst avoiding:

tax eating into your estate
getting into the wrong hands
a situation where you, your children or other beneficiaries might become bankrupt/li>
dilution of beneficiaries' inheritance following relationship breakdown
Family Provision Act claims

and how you might balance competing claims and responsibilities, for example, if you re-marry.

We provide a comprehensive service centered on personalised attention and tailoring Legal solutions for your special needs - whilst we make the process as uncomplicated as possible for you.

Whether businesses are conducted through a partnership, company or trust - few have effective mechanisms in place for the transfer of control in case of death, illness or retirement of one of their principals. What if you had to work with your partner's family members as part-owners? How do you ensure the value of your main asset can be realised by your beneficiaries? What happens if your partners can't buy you out?

In the event of a possible buy-out or sell-out, we understand that you need to know:

who will control the business
how the arrangements can be funded
taxation implications - particularly CGT
whether you need insurance
how to fund your retirement.

Our approach to business succession planning, is always to consider the many alternatives depending on your situation and the size, structure and nature of your business. We adopt an approach that highlights the right solutions for your situation.

tax-effective buy/sell agreements
shareholder agreements
lease options
funding arrangements
trusts for insurance policy proceeds
personal succession plans, including wills, family trusts and companies, taking into consideration previous marriages or relationships, joint ownership of assets, superannuation and insurance issues.

We advise our clients against using Will Kits. It has been our experience over many years that with very few exceptions these Wills have mistakes. Sometimes the mistakes are in the wording of the Wills and sometime the mistakes are in the way in which people have signed their Wills. This causes a problem for the families:

It can result in the wrong people inheriting the whole or parts of your estate
It involves extra legal costs (the legal fees for the work in obtaining probate can be more than double)
It causes a lot of stress for your family at a time when they already have to cope with your death.

The cost of having a Will professionally prepared is small, and it gives you and your family peace of mind and certainty and when you die your affairs are simple to sort out. The same cannot be said of Will Kits.

LEGAL SERVICES - WILLS AND SUCCESSION

Wills and Succession