CRAIG McKIE, LAWYER
PRACTICE AREAS
COMPLEX ESTATE LAW
Complex Business Structures
Clients typically have complicated business structures which may include discretionary family trusts, unit trusts, self-managed superannuation fund, partnerships, trading companies, trustee companies and corporate beneficiaries.
Complex Beneficiaries
Clients may also have a blended family from a second or subsequent relationship, possibly involving children from each.
Within the family, there may be a potential beneficiary who is vulnerable, in the sense of physical or mental illness, addiction, spendthrift, insolvency or risk of Family Court proceedings.
Any one or combination of these issues may result in a complex estate plan.
TRUSTS
Specific advice may be required on the creation or the administration of a trust, which may include:
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a discretionary family trust,
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a partnership of discretionary family trusts,
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a unit trust or
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a self-managed superannuation fund.
Unpaid present entitlements of beneficiaries and beneficiary loan accounts can add complication.
ESTATE ADMINISTRATION
Services are provided to obtain a Grant of Probate and to administer an estate.
These services may include advice on:
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the validitiy of a Will or other documents
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the terms of the Will or other documents
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the transfer of property and
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securing superannuation death benefit payments.
Advice is also provided on trusts created in the lifetime of the client or trusts created in a Will.
There are a myriad of issues that can arise out of the administration of an Estate.
DISPUTED ESTATES
Clients can find themselves in a dispute over an Estate.
Disputes can arise over the validity of documents, including a Will. Once validity is addressed, there can be disputes over the interpretation of a document.
Family Provision Act claims can be brought against the estate by prescribed persons including a surviving spouse and a child.
These disputes are often complicated and emotionally charged as they usually involve parties who are related to the deceased person.
All services are provided with an overlay of identifying relevant income tax, capital gains tax, transfer (stamp) duty, land tax issues and superannuation taxes, which can all impact on the amounts under dispute.