Estate planning lawyers Melbourne

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Your estate is in good hands with our estate planning lawyers

Providing clarity after you’re gone

Estate planning is about much more than just sorting out your affairs – it’s about ensuring that you continue to control your finances, assets and wealth, even after your passing. Think of it as an extension of your financial planning.

And like financial planning, it’s important that you choose a professional to help you out.

Our estate planning lawyers in Melbourne don’t just tell you what you can and can’t do when it comes to your estate – we’ll also work with you to devise a solution that you’re completely happy with, and which aligns with your goals, whatever they may be.

Do you aim to:

  • … provide your family financial security going forward?
  • … resolve outstanding debts, offering your relatives a clean slate?
  • … set your business or company on a certain path?

Whatever the end goal is, tell us, and our team of estate planning lawyers will ensure that your estate plan helps you achieve these goals.

Dennis-Danaher-wills-Probate-lawyer

Estate Planning is not just about making a Will or arranging Powers of Attorney

If you ask us, it should be about helping you attain a specific goal regarding your estate.

It could be planning your financial future. It could be attaining peace of mind. It could be about reducing risk to your family.

Whatever it is, good estate planning is key.

At Danaher Legal, we believe the old adage is true that a “stitch in time will save nine”. Put simply, an estate plan is money well-spent that will save you money in the future and give you peace of mind. The cost when something goes wrong can be significant, both financially and emotionally.

An effective Estate Plan will require:

  1. Wills for you and your partner
  2. Powers of Attorney (Medical Treatment and Financial)
  3. For those of advanced age, An Advanced Medical Care Directive
  4. Superannuation nominations (superannuation sits outside your Wills)
  5. Review and advice on control of structures like companies, trusts, Self Managed Superannuation Funds
  6. Strategies and solutions to deal with complicating factors such as blended families, same sex relationships, leaving people out of Wills, protection of beneficiaries, family law matters.
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The right Estate Plan to protect your family wealth

What type of Estate Plan you need depends not on what your assets are, but on what you want to do with them after you have passed away.

For example – if your main asset is your home and you want to leave it to your children, but exclude one child or protect one child. In these cases, your Will has a complicating factor.

In short there are 3 types of Estate Plans…

What you want to achieve is clear, and there are no complicating factors in play.

An example of a basic Estate Plan is where mum and dad wish to leave their estate to each other, or in the event that they both pass, distributed equally between their children. They don’t wish to protect the inheritance of their children and there are no complicating factors.

Your goals and what you want to achieve is straightforward – however, the total value of the inheritance is significant (over $500,000 for each beneficiary).

When large amounts of money are involved, our focus is on protecting your family wealth through testamentary trusts, and taking measures to limit your tax burden.

Blended families. Defacto relationships. Excluded beneficiaries. Vulnerable beneficiaries like children with a disability or drug habit. Complex ownership structures.

These are just some examples of the types of complicating factors that may affect your Will – many of which may require different strategies and solutions depending on the budget of the client and how important the issue is to them.

The risk in having the wrong Estate Plan?

If you choose a Will based on price alone, you’re likely to end up with the wrong Will – something that could end up costing you or your beneficiaries a lot of money.

We have seen clients:

  • Have a $30,000 Will when what they needed was a basic Will
  • Have a Will kit Will when they needed a comprehensive, tailored Will
  • Opt for a basic estate plan that overlooked complicating factors

The trick is to understand what type of Will you need and why. If you choose a basic Will when you need a Will that deals with complicating factors, it will end up causing you (or your beneficiaries) significant cost with lawyers, stress and loss of time.
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Wills and Probate Lawyers Melbourne

What type of Wills do our lawyers in Melbourne do?

A Will is a good start – in many cases however, you may need to go even further

Think of your estate plan as your WIll, except taken even further.

Estate planning is the more comprehensive cousin to your Will. This comes with a number of benefits for both you and your family.

They are also considerably more complex – luckily, our estate planning lawyers can help with that!

You have two options: the first is to force your family to wait months for someone to untangle your affairs, all while having to do a lot of the legwork.

The second is to put in place an estate plan that arranges your funeral, sorts your debts, and allows your family to access the money they need to continue on without you.

We know which one we’d prefer!

Estate planning doesn’t just settle everything you’ve worked so hard to build – it also resolves any unfinished affairs that you may have.

And that includes debts and loans.

A good estate plan accounts for and resolves outstanding loans and debts, ensuring that your family isn’t saddled with your burdens.

Without an estate plan, your family will have to apply for a grant of probate. Once everything’s done and the dust has settled, it isn’t uncommon for much of your estate and wealth to go towards this process.

And that leaves your family with less once everything’s over.

Save your family the stress, expense and time – estate planning lays out your wishes early on, and gets things rolling sooner.

Estate Planning is all about sorting out your affairs. And what’s more important than your business or company?

Our succession lawyers in Melbourne give you the opportunity to ensure that business goes on as usual and that your family has a source of income after you pass. Our focus on practical solutions and common-sense approach ensures that your company is in good hands.

Learn more about our succession planning services.

Under Victorian law, dying without a Will puts the responsibility of dividing your assets, wealth and property on the state.

While the law tries to divide your estate in an equitable manner, the truth is that it won’t reflect your family’s reality.

Our estate planning lawyers in Melbourne allow you to distribute everything you’ve worked so hard for exactly the way that you want.

Learn more about our Will services.

Estate planning lawyers in Hawthorn

When it comes to your estate, it’s important that you choose a lawyer that gets you

It isn’t enough that they understand how inheritance law works – they should also understand what makes you tick and what matters to you.

That means going beyond asking you where you want your money and assets to go – we will also ask you about your family dynamic, what each family member would prefer to inherit as well as your values.

That’s because your estate isn’t just about pragmatism and financial security.

In addition to your wealth and assets, your estate plan may also go over the distribution of items with immense sentimental value. A good plan should also seek an arrangement that minimises family drama.

This requires an estate planning lawyer in Melbourne that looks beyond the numbers.

Not everyone gets it. But we do.

Danaher Moulton Private Lawyers

7 steps to achieving
your goals

Engaging a lawyer doesn’t have to be a long-winded process

We know that when it comes to your case, one size does not fit all. That’s why we don’t bother trying to find one at all.

Instead, each case we take on starts with an in-depth process that gets to the heart of your issue, as well as the solution you want.

Only then can we work towards getting you the solution you want.

Get the result you want today

Dennis and the team at Danaher Moulton have been my trusted legal advisors for several years now – their accessibility, approachability and practical advice has been welcomed by me personally and the many clients whom I have referred. Dennis is always prepared to go ‘above and beyond’ and has a unique ability to simplify what can sometimes be quite a daunting process.

Daniel Bradd, Partner - Kay & Burton Hawthorn

Danaher Moulton are the ideal partner for SME businesses providing a comprehensive range of services that every business owner needs.

All delivered with a refreshingly friendly and down-to-earth approach.

Darren Bourke, Director – Business Influence Pty Ltd
Dealing with Dennis and the team at Danaher Moulton is always a pleasure.

They are honest, knowledgeable and efficient. I have had personal dealings as well as referred many clients through the conveyancing team and my clients have only ever had great experiences. I couldn’t recommend Danaher Moulton more highly.

Brett Moyle Managing, Director – Home Loan Saint

Our Team

Dennis Danaher
Director & Founder
1300 363 314 - dennis@danahermoulton.com.au
Stephen Moulton
Chairman
1300 363 314 - stephen@danahermoulton.com.au
Peter Saunders
Director & Principal
1300 363 314 - peter.saunders@danahermoulton.com.au
Simon Young
Associate Director
1300 363 314 - simon@danahermoulton.com.au
Charles Ah Lan
Senior Associate
1300 363 314 - charles@danahermoulton.com.au
Fleur Dillon
Senior Associate
1300 363 314 - fleur@danahermoulton.com.au
Elizabeth Linedale
Special Counsel
1300 363 314 - elizabeth@danahermoulton.com.au
Joanne Jenkins
Senior Associate
1300 363 314 - joanne@danahermoulton.com.au
Lauren Hadolt
Senior Associate
1300 363 314
Peter Moore
Senior Lawyer
1300 363 314 - peter@danahermoulton.com.au
Lee Patouras
Lawyer
1300 363 314 - lee@danahermoulton.com.au
Ned Puddy
Lawyer
1300 363 314 - ned@danahermoulton.com.au
Naomi McClellan
Lawyer
1300 363 314 - naomi@danahermoulton.com.au
Marcia Vlahovic
Special Counsel
1300 363 314 - marcia@danahermoulton.com.au
Andrew Ryan
Consultant
1300 363 314 - andrew@danahermoulton.com.au

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