Private Wealth & Estate Planning.

At Chamberlains we operate one of the leading Canberra will and estates practices with nationally-recognised and published experts available to provide advice. Not only did we write the book on wills, we did it twice. The books we wrote are the texts and precedents used by other lawyers.

We work collaboratively with accountants and financial advisers to ensure clients are provided with wholistic advice.

So for discrete, pragmatic and expert legal advice on drafting a will, mitigating tax liabilities, maximising asset protection, or resolving succession issues, see us and learn more about our custom plans and solutions.

Estate Planning

Estate planning is more than just drafting wills, granting powers of attorney and appointing executors. Estate planning is the development and implementation of a plan that:

  • ensures your estate passes to your intended beneficiaries and is protected from contestation where possible
  • minimises capital gains tax and income tax for your beneficiaries
  • protects inheritances from relationship breakdown and bankruptcy
  • protects the inheritances of minor and vulnerable beneficiaries.

Our team of expert estate planning lawyers are nationally-renown published authors on the drafting of wills and testamentary trusts. In fact, we wrote two of the only legal text books on testamentary trusts and the precedent that other lawyers use for their clients.

Business Succession and Planning

You’ve spent a lot of time creating and growing your business do you have an exit strategy?

Whether you have ambitions of selling your business to a third party or passing it on to a family member, now is the time to develop a plan.

We can help you maximise your business value on a sale or exit as well as develop succession strategies to pass your business to the next generation in a tax effective manner.

There is no ‘one-size-fits-all’ approach to business succession planning at Chamberlains. Like you, each of our clients has their own unique situation and objectives, and each has benefited from our tailored tax and structuring approach to achieve their objectives.

Whether you need strategies for passing control, ensuring governance agreements minimise disputes, or implementing appropriate buy/sell mechanisms, we’ll help you identify your options and the appropriate course of action.

Superannuation

If you’re attracted to the idea of a self-managed superannuation fund to provide for your retirement, you should be aware that having control also means you are responsible for complying with relevant super and taxation laws.

We specialise in the full spectrum of SMSF legal advice, from start up to exit and can assist you with:

  • implementing an appropriate trustee structure
  • ensuring legal compliance
  • minimising death benefit taxes
  • implementing a succession strategy
  • drafting SMSF wills
  • Self-managed super fund borrowing
  • Australian Taxation Office disputes

Self-managed Super Fund Borrowing

If you have a self-managed superannuation fund (SMSF), chances are you may be drawn to the idea of borrowing to invest in property because of the investment advantages, such as paying less capital gains tax, or increasing retirement income.

As with most financial decisions, there are legal implications to consider. It’s important that the process is done in accordance with terms of the Superannuation Industry (Supervision) Act 1993, otherwise known as the SIS Act.

We can provide advice on structuring SMSF borrowing arrangements and compliance requirements as well as prepare all relevant documentation including bare trust deeds, loan agreements and trustee resolutions.

Probate and Administration

Probate is about validating a will. This is a court process that the executor of the will initiates. It sets in motion steps for the executor to start distributing assets to beneficiaries and to eventually wind up the estate.

The complexity of what then follows will depend on the number, type and location of assets and debts that someone held when he or she died, applicable taxes, and the number of beneficiaries.

If you are an executor, Chamberlains can help you comply with all the legal obligations in one of two ways.

We can entirely administer a deceased estate on your behalf starting with preparing the court application for probate in the ACT or NSW, to arranging for the sale of assets and distribution of funds to beneficiaries.

Alternatively, we can guide you through the process with our Executor Assist service.

If there is no will, or no executor able to fulfil the role, we can help you apply to the court for Letters of Administration (the equivalent to a Grant of Probate where there is no will).

Asset Protection

We help business owners, directors and high risk individuals protect their wealth from litigants and creditors.

We can help you structure your investments to ensure they are held in the most asset protective manner. We can also help you restructure your assets to maximise asset protection while minimising stamp duty and capital gains tax implications.

Estate Litigation

Whether you are the executor of an estate defending a claim or where you have been excluded as a beneficiary and want to contest a will, legal expertise can make all the difference in obtaining a successful resolution.

At Chamberlains, we will provide you with advice on the most cost effective and commercial outcome as well as the technical aspects associated with pursuing a case through the courts.

As experts on will drafting and structuring, we are uniquely placed to provide the strategic advice you need.

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