Why choose us to Protect your Estate ?
Our dedicated team will work with you, to ensure your assets are distributed and protected how you intended.
Backed by Years of Experience
Since 1932 we have helped South East Queenslanders create a well considered Will and Estate plan. We have worked with all walks of life and pride ourselves on taking the time to understand your situation.
ORG Solicitors know how difficult it can be to find the time to create an estate plan, especially for families. That’s why we offer video conferences at a time that is suitable for you.
Defending a claim against the estate can be a significant financial and energetic drain. However, by spending time and effort on implementing a strategy to protect your estate, you can avoid unnecessary costs.
What Is Asset Protection?
Asset protection is the legal process of safeguarding your assets from creditor claims, liabilities, lawsuits, and bankruptcy. When writing a will, it’s important to note that your personal assets, such as your family home, shares, belongings and cash, are automatically part of your will. But assets held in your family trust, company or superannuation are not.
When we prepare a considered estate plan for our clients, we ensure your will, along with your family trust, company, and superannuation, are handled according to your wishes. So whether you need to protect or quarantine your personal finances, a family business or a larger inheritance, you can trust ORG Solicitors to form a plan that will cover all scenarios.
Who needs Estate Planning and Asset Protection?
Beneficiaries who are at Risk Of Divorce or Relations Breakdown
If you are concerned a beneficiary's marriage may fail, a testamentary trust may protect the inheritance. Testamentary trusts do offer some protection, but the family court will take all variables into consideration. So it is best to discuss these variables with a lawyer.
Beneficiaries with Dependency Issues
Suppose a beneficiary has alcohol or drug dependency issues. In that case, you can hold the beneficiaries entitlements on the testamentary trusts. Also, the delegated trustee can decide when and how much money the beneficiary should receive.
Creditors and Bankruptcies
If a beneficiary is at risk of bankruptcy or is bankrupt, creditors cannot take the trust's assets. Therefore, the inheritance is maintained, as they do not own the trust assets.
A testamentary trust will protect the inheritance if an intended beneficiary is in a high-risk professional business where negligence claims are likely.
If you are concerned that one of your inheritors will spend your assets irresponsibly, you can choose a trustee to monitor when and how much is given.
Somebody challenging a will
If money is left to someone on trust and they pass away, and there is a challenge to the deceased beneficiaries' will, the assets held on trust will not form part of their estate and therefore be available for distribution.
Free Initial Consultation Or call us on 07 3221 9722
Our Asset Protection lawyers take pride in providing valuable advice and direction, so you are fully aware and protected against all possible scenarios. At ORG our experienced team work hard to be reliable, and are here to answer all your questions.
Leave a message on the form or call today to make a booking with our team and begin protecting your assets today.