Common complexities

Common complexities that are often encountered are:

  1. Family arrangements that need to be considered.  For instance, sometimes the consequences of the existence of blended families needs to be appreciated and taken account of in the Will.
  2. Some of your beneficiaries may have special circumstances that require special consideration such as mental disability, bankrupcy, the prospect of bankrupcy in the future, possible matrimonial breakup.
  3. The possible effects of inheritance legislation that permits Wills to be challenged and the disposition of the estate altered by court order.
  4. Complexities can arise from the nature of the assets, liabilities and contingent liabilities that comprise the estate.
  5. The disposition of estates can take place in a very wide variety of ways.  There may be complex arrangements that you wish to make in your Will.  It may include advising on or including in your Will matters such as life interests or right to occupy property, annuities or protective trusts.  If this is the case, there will be obvious complexities in working through how you wish the estate to be disposed of and how this can be achieved in the most efficient and effective manner.  Once the scheme of disposition is settled on, then there may be certain complexities in the drafting of the clauses to give effect to your wishes.
  6. Once you have expressed your broad wishes about the disposition of your estate, it may well be that your professional advisers have suggestions from an Estate Planning perspective of advantages that are available to you.  This may involve some complexities in the preparation of your Will or Estate Plan.  However, the advantages of doing so may be compelling.
  7. Complications arising with business interests and associated entity such as family companies and family trusts with complex structures.  It may be necessary to advise on or consider company constitutions, trust deeds, financial statements and associated documents.