This document provides information on legal issues related to wills, estate planning, enduring powers of attorney, business succession, and family law. It discusses the importance of having a will and what happens if you die without one. It also covers the differences between estate and non-estate assets and how to properly structure them. The document emphasizes doing estate planning with your accountant and financial planner to protect your assets, review insurance, and minimize taxes and legal issues for your beneficiaries. It notes specific issues that can arise related to businesses, intellectual property, family law, criminal law, and dealing with international assets.

1. 1
Legal , Estate Planning & Protection
Alex Tees www.legalexchangelawyers.com
 Why you need a Will ?
 What would happen if I have no Will ?
 How to Nominate “Super” Beneficiaries
 The Difference between Estate & Non Estate
Assets
 Costs of a Will/ Enduring Power of Attorney
 See www.assetandpropertyprotection.com.au

2. 2
Know The Difference
 Wills cover you after Death; Enduring Power of
Attorney (Incapacity while you are still alive)
 NOTE : Divorce terminates Wills!
 **********************************
 Further Information
admin@legalexchangelawyers.com
 Tel 02 92813230/0409813622
 Whatsapp 61409813622

3. 3
No Will ?
Consequences & Solutions
NO WILL : = “Intestacy” (Divorced?)
-Means you don’t choose who receives your property/assets
-The Succession Act Formula states how your property is
divided and who gets it……….
-Application to Supreme Court for Administration is often
more complex ,time consuming and much more costly !
-Spouses/Children/Partners Dependants left without access
to vital money and assets very suddenly
-Superannuation Pay outs delayed………………
-all at a time grieving relatives could do without this sort of
problem ! [x3 TIMES COSTS, DELAYS AND ANGST!]

4. 4
Enduring Power of Attorney Planning
= “Estate Planning” & Asset Protection”
1.Make a Precise list of all your Assets
2.Make a list of all your Liabilities
3.Make a list of all your risks (for instance are there adequate
insurances to cover living expenses and Mortgages etc ?)
4.Use a Proper Estate Planning Questionnaire
 Further Information admin@legalexchangelawyers.com
 Tel 02 92813230/0409813622
 Whatsapp 61409813622
(see www.probatewilllawyersaustralia.com)

5. 5
No Will ? - Solutions
 See a Lawyer and make one asap, make sure you
sign a temporary Will while formal documents are
being drafted!
Incapacity and Not Death
 Don’t Forget Incapacity – Get Enduring Power of
Attorney asap (Wills only operate after death!)
MEDICAL DIRECTIONS
 INTERNATIONAL ASSETS/PROPERTY?
Aussie Will Not work in USA/Thailand/China!
[VICE VERSA!] – Separate Will/EPOA each place !

6. 6
“Non Estate” Assets
Other Legal Structures
You Can’t Use your Will to leave Assets
in:
Superannuation *(do Binding nominations)
Trusts – “Deeds of Future Succession”
*Companies can be a problem- If you have a
business make sure you have a Business
Succession Agreement – “A Will for the
Business”

7. 7
“Wills, Enduring Power of Attorney
Planning” – No 2
Estate Planning Process Should include :
1. Collaboration with your Accountant and/or
Financial Planner.
2. Review of your Insurance Protection for Events
such as death and incapacity – remember Income
Protection Insurance is v cheap and tax
deductable – Remember Spouses/Partners/Carers
need Cover too !

8. 8 h/o
Issues – Protection –
Bus’/You
 Structures:
 Family Law ; ”Bus’ Succession” Wills,
Enduring Power of Attorney = “ Keep out
Predators/Creditors ”
* “Growth Problem Areas” : “Legal
Business” Debt Collection , Family Law &
Migration ; *Transactions Tax Liability *
“you do it”/”Sell it” NOTE : ALL
PREVENTABLE PROBLEMS!

9. 9 h/o
Protect Intellectual Property
“IP”/Names
 Business Names always register with ASIC www.asic.gov.au – only
$30.00 per yr / Company/Pty Names too !
 Have Adequate Copyright Notices on all documents and Plans
 Trade Marks [“Logos”] – see specialised Intellectual Property
Lawyer/Patent Attorney
 Patents – systems/methods of manufacture - see specialised
Intellectual Property Lawyer/Patent Attorney
 Contracts – Make sure clauses to protect are well drafted
 Employees/Contractors – Make sure all Ideas and IP always belong to
you if created by them during their terms of engagement
 WEB SITES – register all domains in YOUR NAME – NO ONE ELSE!

10. 10 h/o
“BOA”s & Business
Succession – “Buy/Sell
Agreements” (BSA) “A Will for
a Business ? ” Who operates Business if you die, or become
Incapacitated ?(“Voluntary/Involuntary Exit?”)
 Partnership/Company Agreements to cover(BOA)
 Insurance(s) Regular Review – Who Pays ?
 “Buy/Sell Agreements/Business Succession Agmt
 Need to be written carefully : Avoid C.G.T !
 “BSA”s WONT WORK WITHOUT A WILL ! *Temp
Docs?
 Before Start: Need “Bus Operations Agreements”
/Share Holders agreements

11. 11 h/o
“Succession Wills, Enduring
Power of Attorney Planning”
= “Estate Planning” = “Asset Protection”
1.Make a Precise list of all your Assets/Property
2.Make a list of all your Liabilities
3.Make a list of all your risks (for instance are there adequate
insurances to cover living
expenses/Partners/Spouses/Mortgages etc ?) * ESTATE PLAN
QUESTIONAIRE – AML/CTF ID A MUST
4.Use a Proper Estate Planning Questionnaire FILL IN
TEMPORARY WILL FORM = “FREE” + EPOA!
(see www.probatewilllawyersaustralia.com)
5. Asset Protection - “Keep out Predators & Creditors !

12. 12 h/o
“Succession Planning” – No 2
“Estate Planning Process” Should include :
1.Collaboration with your Accountant and/or Fin’
Planner. Estate Plan = A Tax deduction?
2.Review of Insurance Protection -death and
incapacity – remember Income Protection
Insurance is v cheap and tax deductable –
Remember Spouses/Partners/Carers need Cover
too
3.EPOA Don’t Forget Enduring Powers of
Attorney

13. 13 h/o
“FAMILY LAW” Observations
“All in Factor”
“Family Law Assessment Process” Should include :
1.Collaboration with your Accountant and/or Financial Planner/List Assets
AND LIABILITIES – don’t forget!
2.Review of your Insurance Protection for Events such as death and
incapacity –
3. “All In Factor ” De Facto , Same Sex , Married etc
4. Property held as Joint Tenants ? – Will(s) - Change ?
5. Assess Vulnerability of Business/Potential Scrutiny?
6. Powers of Attorney Review Urgent (New Will ?)/ Young De factos?
7. COSTS :Realistically & Early Assessment : SETTLEMENT OPTIONS.
8. Watch out ! Caveat other security for Fam Law Legal costs ?! (EG)

14. 14 h/o
“Criminal Law Observations”
Major Awareness Factor = “Major Problem is Expense of Lawyers +
“Beware Stories”
1. MAINTAIN CLIENT ALLEGED OFFENDERS RIGHT TO SILENCE
2.Be Aware All Email /Phone Mob Communication Social Media is Monitored
/Discoverable. (Legal Privelege Ignored?)
3.Altering Computer Information /“Naughty Web Sites & Pop ups “
4.Eg :employees No proper Migration authorisation/non payment Group Tax can lead to
criminal penalties;EG “Respectable Accountants” & “Respectable Lawyers” EG Collusive
Tendering
5.Business should have Compliance Manual to minimise risk.
6.Many Older established Bus’ People are now having Younger relatives in contact with
Criminal justice System NB Mob Phone!/Pills/drugs etc
7.BEWARE :Due Diligence of Business Partners – can implicate you !