We understand the importance of properly structuring an estate plan that suits your goals

Estate planning involves some very personal choices and whilst these are yours to make, we can assist you in ensuring that those decisions are not attacked during your lifetime and after you pass away.

Regrettably, too often we see people try to take advantage of a situation to acquire assets that were never intended for them eg: if you leave property to your children and they suffer a divorce.

ROCHE Legal will structure an estate plan that preserves the property for those for whom you intend to benefit.

Wills & Estates

Furthermore, as part of our comprehensive estate plan, we will assist you in planning:

  • for a loss of capacity e.g.: if you have a serious accident or suffer from an infirmity that renders you mentally disadvantaged;
  • how to ensure that you can to preserve your lifestyle in the interim; and
  • how you can properly plan for retirement.

Should we need to discuss tax planning issues we are happy to discuss this with your accountant.

Disturbing Statistics
  • Over 16,000 people are declared bankrupt each year in Australia and the number is increasing.
  • More than 40% of marriages end in divorce.
  • Less than 50% of people have a will – and even if they do, the Succession Act allows family members and dependants, including defacto partners to dispute it and make a claim.
Keeping it in the Family
  • There is a way to ensure that the assets you spent years of blood, sweat and tears earning stays within your family when you die and cannot be attacked by in-laws and others (e.g.: the Family Court, creditors).
  • This is achieved by the creation of a particular type of discretionary trust that keeps the assets in your defined bloodline e.g. your children or grandchildren. If you wish, the trust can be structured so that In-laws can receive income from the trust but not the assets. This Trust can be created whilst you are alive either in your will or separately.

Fixed Fee Wills

People are often concerned by the costs involved in estate planning. This is a legitimate concern. However, we believe that a bigger concern is the much bigger and unnecessary cost, expense, heartache and disputes suffered by those surviving family members, occasioned as a consequence of no or poor estate planning.

What people try to save by either simply hoping for the best or taking a cheap DIY option is often lost many times over by squabbling family members. Legal fees and expenses incurred by the surviving family members can chew up entitlements.

Basic Will

$350

plus GST

  • Basic Will to suit ordinary personal circumstances
  • Add Enduring Power of Attorney for $150 + GST
  • Add Advance Health Directive for $200 + GST

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Basic Will Suitable For

A Basic Will is much better than an over-the-counter Will available at news agencies and online. We often see DIY Wills that have been completed incorrectly and therefore become invalid upon death.

A Basic Will drafted by a lawyer will ensure that it is completed and witnessed correctly in order to leave your assets to nominated people.

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Intermediate Will

$880

plus GST

  • Intermediate Will with testamentary trust directions to keep your assets within your own family blood line.
  • Add Enduring Power of Attorney for $150 + GST
  • Add Advance Health Directive for $200 + GST

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Intermediate Will Suitable For

An Intermediate Will is the next step above a basic Will. It is still relatively simple, however we will include testamentary trust clauses to provide added protection to your beneficiaries.

This protection has the potential to limit their tax burden as well as make it more difficult for people not named in your will to argue a claim on your estate.

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Advanced Will

$3000

plus GST

  • Advanced Will with testamentary trust directions to keep your assets within your own family blood line.
  • Includes Drafted Trust Deed
  • Includes Enduring Power of Attorney
  • Includes Advance Health Directive

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Advanced Will Suitable For

An Advanced Will is the Rolls Royce of Wills. It provides absolute protection to your beneficiaries and ensures that your estate is left how you want it to be left.

Like the Intermediate Will, we include testamentary trust clauses but also draft the actual Trust Deed to be followed by your nominated executor. This protection has the potential to limit your beneficiaries’ tax burden as well as make it more difficult for people not named in your will to argue a claim on your estate.

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Online Wills

If you are wanting a simple will drawn up, please click on the “online will” button and fill in the prompts. It doesn’t matter where you are in Australia – it is free to complete the form and we will contact you with a no obligation quote to make it official.