Succession planning

Estate Plans vary in terms of detail and content depending upon individual circumstances and objectives.  Your aims should be to:

  1. make the administration of your estate as easy as possible;
  2. arrange your affairs so that there is the least likelihood of conflict between family members;
  3. create the most cost-effective method of distributing your estate among beneficiaries;
  4. avoid creating any unnecessary taxation consequences for the estate or your beneficiaries; and
  5. make use of the available opportunities to provide financial advantages for your beneficiaries.

The use of trusts is a key tool in succession planning.  From a financial perspective, the use of "Tax Effective Wills" is an elementary level of Estate Planning.  They have broad application, however, they need to be reviewed at regular intervals as circumstances change.

Read about "Tax Effective Wills".

"Tax Effective Wills" utilize testamentary trusts and then a further level of sophistication is the use of a testamentary trust which involves a full discretionary trust.  A full discretionary trust is generally to continue for a longer period of time and can accommodate objectives beyond just being tax effective.

Read about "Testamentary Trusts".

The skill of your adviser is to present the options available to you and how best to achieve your overall objectives.  Any proposed plan would take account of the present state of the law and in particular how the estate will be administered and the special rules applicable to the taxation of deceased estates.  How best to achieve your objectives will change during different phases of life.  What you do in your 30s and 40s may well be different from what you do in your 60s and 70s, even though your overall objectives may remain the same or similar.

The future is impossible to predict.  However, many of the problems that arise in practice in relation to Wills were reasonably foreseeable at the time that the Wills were made.  As such, many of the problems that do arise are preventable if quality professional advice is taken at the appropriate time and acted upon.

In dealing with a deceased estate, there are potential pitfalls as well as advantages that can arise.  A successful Estate Plan seeks to avoid the pitfalls and maximise the financial advantages that are available.

An Estate Plan looks at the wider issues associated with what happens as a consequence of someone dying.  The Will only deals with assets that form part of the estate.  Your Will does not necessarily deal with matters such as joint assets, superannuation and insurance.  It is appropriate to look at the full ranges of the consequences of death and not just be limited to the Will.

In order to devise an appropriate Estate Plan it is necessary for your advisers to understand the following:

  1. your assets and liabilities, whether they are dealt with by your Will or not;
  2. your proposed beneficiaries and their circumstances; and
  3. your overall objectives.

Succession planning is more than just making a Will and involves the succession of other entities that you may control including superannuation funds, family trusts and family companies.  It may involve making decisions about passing control of businesses and other assets to some family members to the exclusion of others.  It is not limited to death and may include the transfer of control during a person's lifetime in the case of loss of capacity.

A well developed Estate Plan will capitalize on the best opportunities to achieve your wishes and maximize the opportunities available to your beneficiaries.  In relation to associated entities such as family companies and family trusts, a succession plan should be developed for these entities and the plan reflected in your Will to the extent that your Will can affect the succession plan.

It is important that a succession plan is well documented.  It is also an ongoing process and needs to be reviewed, updated and revised from time to time.