Estate Planning, Probate and Deceased Estates

Wills

  • simple Wills (ideal for singles)
  • complex Wills (for people with a family business, family trusts or blendid family situations)
  • mirror Wills (popular option for couples with or without minor children)
  • Wills in contemplation of a marriage (ensuring your Will remains valid after you get married)
  • Wills in contemplation of a divorce (ensuring your Will remains valid after you get divorced).

  • Call us to arrange for a free of charge appointment to discuss which of the above will be perfect for your specific circumstances.

    Enduring Power of Attorney

    With an Enduring Power of Attorney you appoint someone (called your Attorney) to make your financial decisions on your behalf when you are incapable of doing so due to an injury or illness.

  • appoint 1 or 2 persons as your Attorney
  • you decide whether they should act jointly or severally
  • make the power immediately effective or only after you have lost your legal capacity
  • appoint up to 2 alternative Attorneys.

  • We will only require a few basic information from you to enable us to draft your Enduring Power of Attorney. Please call us for more information.

    Enduring Power of Guardianship

    An Enduring Power of Guardianship is a legal document that authorises a person of your choice, to make important personal decisions on your behalf should you ever lose the ability to make these decisions yourself. Your guardian could be authorised to make decisions about things such as where you live, what education and training you receive and who you associate with.

  • appoint 1 or 2 persons as your Guardian
  • you decide whether they should act jointly or severally
  • appoint up to 2 alternative Guardians.

  • We will only require a few basic information from you to enable us to draft your Enduring Power of Guardianship. Please call us for more information.

    Advance Health Directives

    An Advance Health Directive allows you to plan what medical treatment or health care you would like in the event that you cannot make decisions for yourself. You might feel strongly about whether or not you want to receive life-sustaining measures to prolong your life, or decide to specify that you would like life-sustaining measures withheld or withdrawn in certain situations, such as if you were to have:

  • a terminal illness for which there is no known cure nor chance of you recovering
  • severe and irreversible brain damage so that you are unable to communicate
  • an illness or injury so severe that there is no reasonable prospect that you will recover.

  • Please call us for more information.

    Probate and Deceased Estate Administration

    It's important to have the right emotional and professional support during difficult times. Ideally, this support should take as much stress away from you as possible. Fort Knox Legal can provide the needed support and advice to you as executor as well as beneficiary of a deceased estate.

    Being the executor of a Will is a responsible position, which may trigger liability. You therefore want to ensure that you satisfy all your executor's duties and exercise your rights in the proper manner. We have extensive experience in this area.

    Our services include:

  • Advising you on the validity and terms of the Will
  • Advising you on possible claims against the estate
  • Advising you on your rights and obligations as an executor
  • Sorting through documents of the deceased
  • Inquiries/correspondence relating to assets and liabilities of the deceased
  • Arranging valuations of estate assets
  • Advising you on the distribution of estate assets
  • Advice on tax issues concerning the distribution of the estate and sale of estate assets
  • Preparation and advice on deeds of family arrangements
  • Grants of Letters of Administration

    If the deceased did not leave a valid Will or the Will does not name an executor, you may wish to obtain a grant of Letters of Administration to enable you to administer the estate assets.

    Our services in this area include:

  • Advising you on your rights to apply for a grant of Letters of Administration
  • Advising you on your rights and obligations as an administrator of an estate
  • Sorting through documents of the deceased
  • Inquiries/correspondence relating to assets and liabilities of the deceased
  • Arranging valuations of estate assets
  • Preparation of all documents required for an application for a grant of probate
  • Advising you on the distribution of estate assets
  • Advice on tax issues concerning the distribution of the estate and sale of estate assets
  • Deceased Estate Litigation

    The passing of loved one or business associate is an emotionally difficult time for those involved and even more so, if faced with a dispute. In these circumstances, our litigation lawyers provide support as experienced mediators who are frequently faced with interesting and unique circumstances that require creative solutions.

    Are you:

  • Concerned about the distribution of assets of an estate?
  • Unsure if the executor or administrator is acting appropriately?
  • Needing to transfer control of an estate?
  • Dealing with significant liabilities of a deceased estate?

  • Fort Knox Legal has the experience and knowledge to help you understand and cope with the complexities of estate litigation. We can advise you of your options and provide support and representation through the dispute resolution process.

    Taxation

    Tax

    Fort Knox Legal has extensive experience in providing federal, state and international tax advice. Our thorough understanding of the tax laws enables us to ask you the right questions and precisely identify the applicable technical issues.

    Our tax advisory team has extensive experience in advising corporate and commercial clients in relation to:

  • income tax and capital gains tax
  • GST
  • stamp duty
  • land tax
  • fringe benefits tax.
  • Superannuation

    Fort Knox Legal provides specialist superannuation and self managed superannuation fund (SMSF) advice in all areas of superannuation law.

    Buying a property in a SMSF

    The advantage of having an SMSF is based on four main elements:

  • investment choice and control
  • flexibility
  • taxation benefits
  • costs.
  • One feature that may have great appeal and utility is the ability to purchase real estate using your SMSF. SMSFs, like all types of superannuation funds, often have a portfolio which may include direct investment in real estate. There are a number of ways in which a property can be acquired and owned by an SMSF.

    If you are interested in purchasing property using your SMSF, detailed legal and financial advice will ensure that you take advantage of all the tax benefits and maximise your return.

    Tax Disputes

    We have a proven track record of assisting clients and accountants to resolve complex disputes with the Australian Taxation Office (ATO).

    We work with, and support accountants in managing their clients' taxation affairs before disputes arise. We will review existing documentation and procedures and identify areas of non-compliance. We will assist if and when it's necessary, to negotiate with the ATO about voluntary disclosures and private rulings.

    Tax Litigation

    Once legal proceedings with the ATO have commenced or are imminent, we assist clients in adopting a strategic and well managed approach to the legal proceedings against the ATO.

    If you are involved in legal proceedings with the ATO, or are considering an appeal from an ATO decision, Fort Knox Legal will be able to assist.

    Commercial

    Property Matters

    Property remains a major driver of business and investment. Clear and concise advice helps to debunk fears surrounding the many facets of land and fixtures.

    We offer a complete suite of land services including:

  • Sale and purchase of land agreements
  • Residential, Commercial and Farm leases
  • Settlement and Landgate registrations
  • Contract advice and dispute resolution.
  • Commercial Solutions

    Our clients benefit from timeous, business focused services. We offer a wide range of standard and bespoke agreements, including:

  • Corporation set-up, partnership and trust structures
  • Sale and purchase of business interests
  • Shareholders' agreements
  • Terms and conditions of business
  • Escrow.
  • Employment

    Employment Law incorporates much more than merely the legislative requirements. Also included are common law principles, work health and safety, training and employee wellness.

    Please contact us to discuss:

  • Agreements and compliance audits
  • Dispute resolution
  • Dismissal, retrenchment and entitlements
  • Workers Compensation claims.
  • Independant Solicitor's Certificates

    Lenders will often require a borrower or guarantor to obtain independent legal advice to prove all obligations and consequences have been fully explained. Our fixed fee includes:

  • Consultation to discuss the mortgage guarantee and answer any questions
  • Witness of your documents
  • Issuing a Solicitor's Certificate.
  • Commercial Leases

    Commercial leases are long term, complex arrangements with significant financial implications. These contracts are under certain circumstance also subject to the provisions of the Commercial Tenancy (Retail Shops) Agreements Act 1985.

    We offer a fixed fee service for commercial leases which includes:

  • All consultations
  • Draft document and settlement
  • Tenant guide (if applicable)
  • For a small surcharge we can also assist with the disclosure statement as prescribed by the Retail Shops Act.

    Binding Financial Agreements

    Binding financial agreements are made to regulate the arrangement between soon to be married, married and de facto spouses. Included are pre- and post-nuptial contracts, cohabitation and separation pacts as well as divorce agreements. Our fixed fee includes:

  • all consultations
  • drafting
  • settlement and certificates.
  • Please remember that one of the parties will still need to obtain additional independent legal advice on the agreement to make sure all matters are explained and disclosed.

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