Wills & Estate Planning
Pharmacis Canning Lawyers is committed to providing you with
the best service possible and pride ourselves on our success.
Estate planning is the process of organising your personal, financial, and legal affairs so that your wishes are carried out during your lifetime and after your death. A properly prepared estate plan provides certainty, reduces the risk of disputes, and ensures your loved ones are protected at a difficult time.
Our firm provides comprehensive estate planning services tailored to individuals, couples, families, and business owners. We take the time to understand your personal circumstances, asset structure, and family relationships to ensure your estate plan is clear, legally valid, and effective.
We focus on creating practical documents that reduce ambiguity, minimise the risk of family conflict, and ensure your intentions are properly carried out.
What Is Included in Estate Planning?
Estate planning is more than preparing a Will. A complete estate plan may include a range of legal documents and strategies that work together.
A full estate plan may include:
– A legally binding Will
– Appointment of executors
– Appointment of guardians for minor children
– Enduring Power of Attorney (financial and legal decisions during your lifetime)
– Enduring Guardianship (health and lifestyle decisions)
– Superannuation binding nominations
– Trust structures (including testamentary trusts)
– Business succession planning
– Asset protection strategies
Wills – The Foundation of Your Estate Plan
A Will is a legal document that sets out how your assets will be distributed after your death.
A valid Will can:
– Ensure your assets are distributed according to your wishes
– Appoint executors to manage your estate
– Provide for family members, dependants, or charities
– Appoint guardians for children under 18
– Reduce uncertainty and disputes between beneficiaries
Without a valid Will, your estate is distributed according to intestacy laws, which may not reflect your personal wishes.
Our Wills and Estate Planning Services
Service | Description |
Basic Wills | Straightforward distribution of assets and appointment of executors |
Complex Wills | Blended families, multiple properties, investments, and business interests |
Testamentary Trust Wills | Wills that create trusts after death for asset protection and tax planning |
Mutual Wills | Wills between partners with binding arrangements |
Powers of Attorney | Appointment of trusted persons to manage financial and legal affairs |
Enduring Guardianship | Appointment of decision-makers for health and lifestyle matters |
Will Reviews and Updates | Updating existing Wills due to life changes |
Estate Structuring Advice | Advice on ownership structures and asset protection |
Executors – Choosing the Right Person
An executor is responsible for managing your estate after your death.
Their duties may include:
– Applying for probate
– Collecting and managing estate assets
– Paying debts and taxes
– Distributing assets to beneficiaries
– Managing disputes or claims against the estate
Choosing the right executor is critical. We provide advice on selecting appropriate individuals or professional executors depending on the complexity of your estate.
Guardianship of Children
If you have children under 18, your Will can appoint a legal guardian to care for them if something happens to you.
We assist clients in:
– Appointing guardians for minor children
– Structuring care arrangements
– Providing backup guardian appointments
– Ensuring decisions align with family circumstances
This is one of the most important parts of any estate plan.
Testamentary Trusts
A testamentary trust is a trust created under a Will that comes into effect after death. It is often used in more complex estate planning.
Key benefits include:
– Protection of assets from creditors or financial risk
– Protection of inheritances in the event of divorce or separation
– Tax planning advantages for beneficiaries
– Controlled distribution of funds over time
– Protection for vulnerable beneficiaries (including minors or individuals with disabilities)
Testamentary trusts are commonly used in blended families or where significant assets are involved.
Powers of Attorney
A Power of Attorney allows someone you trust to make financial and legal decisions on your behalf while you are still alive.
We prepare:
– General Powers of Attorney (short-term or limited use)
– Enduring Powers of Attorney (continue if you lose capacity)
These documents may cover:
– Paying bills and managing bank accounts
– Managing property and investments
– Handling legal and financial transactions
– Business or commercial affairs
Enduring Guardianship
An Enduring Guardian is appointed to make personal and medical decisions if you lose capacity.
They may make decisions regarding:
– Medical treatment and healthcare
– Living arrangements and accommodation
– Aged care placement
– Personal lifestyle decisions
We ensure these appointments are clearly drafted to reflect your wishes and values.
Superannuation and Asset Planning
Superannuation is often one of the largest assets in an estate and does not automatically form part of a Will.
We provide advice on:
– Binding death benefit nominations
– Non-binding nominations
– Interaction between superannuation and estate distribution
– Tax implications for beneficiaries
– Structuring asset ownership to avoid disputes
Proper planning ensures your superannuation is distributed as intended.
Business Succession Planning
For business owners, estate planning must include what happens to business interests upon death or incapacity.
We assist with:
– Business succession arrangements
– Shareholder agreements and exit planning
– Transfer of business ownership
– Continuity planning for companies or partnerships
– Protecting business value for beneficiaries
Without planning, business disputes or forced sales may occur.
Estate Planning for Blended Families
Blended families often require more complex estate planning due to competing interests between spouses, children, and step-children.
We assist with:
– Balancing competing beneficiary interests
– Protecting children from previous relationships
– Life interest arrangements
– Testamentary trusts for staged inheritance
– Reducing the risk of family provision claims
Careful planning is essential to avoid disputes.
When You Should Update Your Will
You should review your estate plan whenever your circumstances change, including:
– Marriage or separation
– Birth of children or grandchildren
– Death of a spouse, beneficiary, or executor
– Purchase or sale of major assets
– Changes in financial position
– Starting or selling a business
– Moving jurisdictions or countries
We recommend reviewing your Will every few years even if no major changes occur.
Estate Planning Process
Stage | Description |
Consultation | We discuss your assets, family situation, and objectives |
Advice | We explain legal options and recommended structure |
Drafting | Preparation of Will and supporting documents |
Review | You review and confirm instructions |
Execution | Documents are properly signed and witnessed |
Ongoing Updates | Review as circumstances change |
Common Risks Without Estate Planning
Without a properly prepared estate plan, the following issues may arise:
– Assets distributed according to legislation rather than your wishes
– Family disputes over inheritance
– Delays in estate administration
– Increased legal and court costs
– Lack of protection for children or dependants
– Unintended tax consequences
– Business disruption or forced sale of assets
Why Choose Us
Estate planning requires careful drafting and attention to both legal and personal detail. We provide:
– Clear and practical advice tailored to your circumstances
– Careful drafting to reduce ambiguity and disputes
– Strategic planning for families and business owners
– Protection-focused structuring for assets and beneficiaries
– Support in updating and maintaining your estate plan over time
Our goal is to ensure your wishes are clearly documented and legally protected.
Contact Us
If you require assistance with Wills or estate planning, contact our office to arrange a consultation. We can help you put in place a clear, structured estate plan that protects your assets and provides certainty for your family.
Our Advantages
- We care
- Deal with the Principal directly
- Approachable and friendly
- Flexible payment options
Pharmacis Canning Lawyers
Contact Us
Level 15 Corporate Centre One, 2 Corporate Court Bundall QLD 4217
Community Branch Office Carrara Markets Shop 33 (weekends 11am – 2pm)
George C Pharmacis
Principal
Melbourne Office
101 Collins Street, Melbourne VIC 3000
Sydney Office
