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Understanding Estate Planning
Estate planning involves more than preparing a will. It includes a coordinated strategy addressing:
- Wills
- Enduring powers of attorney
- Enduring guardianship appointments
- Superannuation nominations
- Asset ownership structures
A valid will must comply with the Succession Act 2006 (NSW). Powers of attorney and enduring guardianship appointments are governed by separate statutory frameworks.
Effective estate planning considers taxation, business interests, blended families and potential family provision claims. Poorly structured arrangements can lead to delay, dispute and unintended distribution outcomes.
Planning during capacity is critical. Without valid documents, decisions may be made by the court or tribunal.
When You Need an Estate Planning Lawyer
Legal advice is important when:
- You are preparing or updating a will
- You have a blended family
- You hold business or trust interests
- You wish to protect assets for children
- You have superannuation outside your estate
- You are concerned about potential estate disputes
- You are planning for incapacity
Structured advice ensures documents operate as intended.
Our Legal Services in Estate Planning Matters
We assist individuals and families with comprehensive planning, including:
- Will drafting
- Testamentary trust planning
- Enduring power of attorney
- Enduring guardianship
- Superannuation nomination advice
- Asset protection structuring
- Succession planning
We provide clear advice on legal validity and risk management.
Our Approach to Estate Planning
We begin by reviewing your asset structure, family circumstances and objectives. Particular attention is given to ownership structures, superannuation and potential competing claims.
Documents are drafted with precision to ensure compliance with statutory requirements. Testamentary trust options are considered where asset protection or tax flexibility is required.
We also assess potential exposure to family provision claims and advise on strategies to reduce dispute risk.
Our approach is preventative and structured to provide long-term certainty.
Why Choose Maguire & McInerney
Maguire & McInerney advises individuals, families and business owners on estate planning involving complex asset and succession considerations. Our work is grounded in detailed knowledge of the Succession Act 2006 (NSW) and related statutory frameworks. We provide clear advice on document validity, asset protection and dispute risk, supported by transparent fee arrangements.
Before finalising your estate plan, obtain advice to ensure your documents reflect your intentions and comply with NSW law. Contact our team to discuss your planning requirements.
Steps To Get Started
FAQs
Careful drafting and proper disclosure reduce the likelihood of contested estate claims.
A will governs distribution after death. A power of attorney manages financial decisions during incapacity. Both address different risks.
Structured drafting, including testamentary trusts and appropriate ownership arrangements, can assist in protecting assets.
Estate planning documents should be reviewed after major life events such as marriage, separation, birth of children or significant asset changes.
Estate planning typically includes a will, enduring power of attorney, enduring guardianship and consideration of superannuation and asset structures.
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