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Wills and estate planning

Definitions

Estate planning involves developing a strategy to deal with your assets after you die - the legal instruments and structures, such as a will, you put in place to transfer your assets in the event of death. 

(Source: Australian Taxation Office)

A Will is a document that states how you would like your assets to be distributed when you die, and the person or organisation you would like to be responsible for carrying out your wishes. If you die without a valid will, this is called 'dying intestate', and your assets are distributed according to the inheritance laws of the states and territories of Australia.

(Source: Public Trustee Tasmania and Australian Taxation Office)

National services

Services such as trustees and guardianship may differ from state to state.

ASIC provides information on Wills and Powers of Attorney across Australia. 

Estate planning

Estate Planning may involve the following:

  • Wills
  • Powers of attorney
  • Testamentary trust
  • Taxation implications
  • Estate planning for superannuation 

Developing an effective estate plan will ensure: any payable tax is minimised; the ownership of assets passes to the correct beneficiaries; and the assets are protected if any beneficiary has legal issues. 

(Source: Australian Investors Association)

South Australian resources