Category Archives: Estate Planning

Letter of Wishes

The primary purpose of a Will is to ensure that your estate will pass to your intended beneficiaries. The directions in a Will are legally binding. What if you wanted to allow some flexibility for your executor or family to decide? Unlike your Will, a letter of wishes isn’t legally binding however, it does give […]

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Testamentary Trusts

Testamentary trusts are fixed or non-fixed trusts that are: established by a Will funded by: o the assets of a deceased estate; or o by payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependants or nominated beneficiaries; and to […]

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Trusts

Trusts are set up for a number of reasons including succession planning, asset protection and tax planning. Trusts can also arise from conduct of the parties involved or by operation of law. The basic element of a trust is someone (the trustee) holding assets on trust for the benefit of another (the beneficiary).There are many different forms […]

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Testamentary Trust Wills

What is a Testamentary Trust?Testamentary Trusts are fixed or non-fixed trusts that are:established by a Will funded by:the assets of a deceased estate; or by payments to the estate in consequence of death, e.g. superannuation death benefits or insurance proceeds paid to a deceased estate rather than directly to dependents or nominated beneficiaries; and to be administered by […]

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Bankruptcy & Insolvency

We have great experience and can help in many insolvency related matters including:Deeds of Company Arrangement;Administrations;Liquidations;Receiverships;Insolvency Actions for Trustees and Liquidators;Acting for creditors in defending preference payment claims by Trustees and Liquidators;Recovery of debts via insolvency and bankruptcy processes; andReconstruction and personal insolvency arrangements.Under Part IX of the Bankruptcy Act proposals can be made for […]

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Advanced Health Directives

An Advanced Health Directive is a document by which you give instructions to certain people concerning your future health care. Having the directive in place will mean your doctors can follow your wishes and directions contained in the directive in circumstances where you don’t have the capacity to provide those instructions. Most people don’t tend to have […]

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Powers of Attorney

What is a power of attorney?There are two types of power of attorney—a general power of attorney and an enduring power of attorney. A general power of attorney is given to someone to make financial decisions on your behalf (e.g. if you are overseas and need someone else to sell your house, pay your bills […]

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Wills

We have been helping clients produce their Wills for over 90 years. For those with straight-forward family structures and simple financial arrangements we can assist you to prepare your Will, often in conjunction with an Enduring Power of Attorney, for a quoted price. A properly drafted Will helps ensure  your wishes are carried out and that […]

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Estate Planning

Whether you wish to make a new will or ensure that a deceased estate is administered properly, Ellison Moschella & Co focus on carrying out your instructions professionally and finding solutions with a minimum fuss.Proper estate planning includes considering the following:Do you have properly structured Wills?Do you need to consider asset protection issues for your […]

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Buying and Selling your Business

Business Purchases and SalesThere are many pitfalls associated with setting up, changing or selling your business.Will you be liable for government duty? Do you have all of the required licences and approvals? Are you complying with all of the reporting and legal requirements? Are you exposed to unnecessary risk? What requirements are there to transfer […]

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Special Disability Trusts

A Special Disability Trust (SDT) allows immediate family members and carers to provide for the future care and accommodation needs of a ‘severely disabled person’. The benefits of a SDT include: families being able to set up a fund to provide for a severely disabled person after the death of the primary carer or parent; and […]

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Gifts – are they absolute?

A Supreme Court of Queensland decision highlights the fluid nature of family relationships and the importance of documenting transactions between family members to avoid subsequent litigation. In Peterson -v- Hottes (2012) QSC, the plaintiff mother sued her adult daughter for the repayment of $71,000 (approximately) that she provided to the daughter to help her buy a […]

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Is your Superannuation really yours?

Not everyone realises a substantial part of “their assets” won’t automatically be included in their estate when they pass away. So what are these assets? Examples include: Superannuation; Trusts; Company assets; and life insurance policies. Superannuation Whether you have an employer, industry or self managed fund all superannuation funds have one things in common; the money is […]

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