When you come to making a PLAN if you can tell me your objectives and explain your family circumstances and property ownership, I can select from the "tool box" the tools we can use to achieve those objectives and plan accordingly.  Broadly speaking the toolbox begins with  -

Legislation and rules:

  • property ownership rules;
  • superannuation laws/rules;
  • insurance laws/rules;
  • probate, administration and succession laws/rules;
  • guardianship and administration laws;
  • inheritance legislation;
  • trustees legislation;
  • taxation laws;

Documents that you may have:

  • Will;
  • enduring power of attorney;
  • enduring power of guardianship;
  • advanced healthcare directive;
  • nominations;
  • binding death benefit nominations
  • Informal directives;
  • family agreements;
  • statement of wishes

related entities

  • trusts;
  • companies;
  • joint ventures;
  • partnerships;

You need to be aware that the legislative framework is a mixture of state and federal laws.  For instance the making of a Will is governed by legislation in each particular state or territory as they are legal jurisdictions in their own right.  The province of some areas are federal; so superannuation and income tax for instance is a uniform across Australia as it is part of a federal legislative regime.  Whilst the differing states and territories of Australia have similar approach is to most matters, it is important to appreciate the differences.  One of the issues involved in making an appropriate PLAN is to identify when jurisdictional issues may come into play.