PW Lawyers

31/07/2019

Our very own Principal Solicitor, Andrew Bede Rothfield is at it again. Next Thursday, 8th August 2019, Andrew will be speaking about Wills, Testamentary Trusts and Estate planning techniques. We invite everyone to attend the community workshop hosted by Turramurra and Lindfield Community Bank Branches and all money raised will be split between the Killara Rural Fire Brigade, and the Humanitix charity of choice - Nutrition for school children. For further information about the event or how to secure your seat, please click the link below: http://events.humanitix.com.au/wills-and-testamentary-trusts We also encourage you to share this event with your family and friends.

Join us next Thursday 8th August for a FREE one hour seminar where our expert lawyers from PW Lawyers will talk about how you can secure the financial future of your loved ones.
Principal solicitor Andrew Rothfield, from PW Lawyers will explain how to arrange your estate, prepare a will, and the various ins and outs of setting up a trust specifically for a relative or loved one. The seminar is being held at our Lindfield Community Bank® branch.
Spots are limited - book now at https://events.humanitix.com.au/wills-and-testamentary-trusts
Feel free to share with your network!

26/07/2019

Wills and Estates Workshop

On the 25th July 2019, PW Lawyer’s very own Principal Solicitor, Andrew Bede Rothfield and Practice Manager, Anthony Fillbrook delivered a very welcoming and informative address during our workshop titled “Wills and Estates”. The feedback received from attendees was excellent and we hope everyone enjoyed the night. PW Lawyers would like to thank everyone involved in the organisation of the workshop and would also like to give a special mention to Lindfield Library, Ku-ring-gai council for hosting the event. As an appreciation to all who attended the workshop, PW Lawyers would like to offer all attendees a free 30-minute consultation with a member of staff to have their Wills and circumstances assessed. If you wish to book an appointment with a member of staff, we encourage all to contact PW Lawyers, Lindfield on (02) 9415 8192 at your earliest convenience. We hope to see you all again very soon and thank you to everyone who attended yesterdays workshop.

19/07/2019

The role of the Executor in a Will:

The executor of your estate is responsible for carrying out your testamentary intentions when you pass away. The role of the executor can include: locating the Last Will and Testament of the deceased, attending to funeral arrangements, obtaining the death certificate from the Registry of Births, Deaths and Marriages, ascertaining the values of the assets and liabilities of the deceased, obtaining a formal Grant of Probate in the relevant jurisdiction, protecting assets of the estate, defending the estate from any claims, paying any debts of the estate, distributing assets of the estate in accordance with the terms of the Will, etc. When administering the estate, the executor must comply with various laws, rules, and regulations of a deceased estate.

You may appoint any person to be the executor of your estate in New South Wales, provided they are willing and able to act as an executor of a deceased estate. Usually, our clients prefer to nominate the major beneficiary of their will to act as the executor of their estate. However, if the occasion fits, it may be more appropriate to appoint a professional person such as a solicitor or accountant, and the team at PW Lawyers, Lindfield will always encourage you to talk to your solicitor about the prospects of nominating a professional person to act as the executor of your estate, and the various considerations that come with such an appointment. If you have been appointed the executor of a person's Will, or you are unsure who you should nominate to be the executor of your estate, please contact the team at PW Lawyers, Lindfield: the estate specialists of the North Shore.

By Adam Marinelli, Paralegal at PW Lawyers

13/06/2019

Ever wondered what happens to your superannuation when you pass away?

Contrary to popular belief, superannuation does not automatically form part of your estate. The proceeds of your superannuation fund are held on trust and are generally managed by the trustees of your superannuation fund. The trust is generally governed by Commonwealth Legislation and the provisions contained in your superannuation fund’s trust deeds. This is the case for most superannuation funds i.e. Industry, Retail, or Self-Managed Super funds. A binding death benefit nomination is an instrument which can be used to control who receives the proceeds of your superannuation fund when you pass away (if the superannuation fund trust deed has a provision allowing for this). Please be aware that the law restricts who you can validly nominate as a beneficiary in a binding death benefit nomination with the categories being broadly similar to those identified below from whom the trustee can select.

If you pass away before executing a valid binding death benefit nomination, or your nomination has lapsed, generally the trustee of your superannuation fund is at liberty to decide who is entitled to the proceeds of your superannuation fund when you pass away within specific parameters as to the categories of beneficiaries such as dependants. Generally, the trustee of your superannuation fund can make payments to the following classes of recipients: Your Spouse (including De-facto and Same S*x Couples), Your Children (including biological, adopted and stepchildren) and/or Your legal personal representative (your Estate).

A major problem with retail and industry superannuation funds is that you may never know the the trustee of your superannuation fund and for that reason they may not distribute the proceeds of your superannuation fund according to your directions or in a tax effective manner. If you wish to find out more about ways of controlling the proceeds of your superannuation fund or wish to allocate a wider class or recipients to receive the proceeds of your superannuation fund, we recommend you seek guidance from a law firm who specialises in Wills and Estates. The team at PW Lawyers, Lindfield are always happy to assist their clients with their enquiries.

By Adam Marinelli, Paralegal at PW Lawyers

07/06/2019

Have you been unfairly left out of a will?

Although this can be an upsetting experience, many people remain unaware that they may be entitled to receive property from a deceased’s estate through a family provision claim, or possibly by challenging the Will.
In today’s society, family structures and relationships can be quite complex, and this has been reflected in laws that allow a wider class of people to argue for their fair share of the estate.
In New South Wales, this class of claimants can include former spouses, children from previous relationships, a person who at any time was wholly or partly dependent on the deceased or a person who had a close personal relationship with the deceased.
If you are not a named beneficiary in a will, or you believe you have not been adequately provided for in a deceased person’s will, we recommend you seek guidance from a firm who specialises in Wills and Estates. The team at PW Lawyers, Lindfield are always happy to help their clients with their enquiries. We also encourage you to act promptly as there is a limited window of opportunity to make a family provision claim, or to challenge a Will.

By Andrew Rothfield, Principal Solicitor at PW Lawyers

05/06/2019

Many barristers love home Will Kits. But your family may not!

Ever considered preparing your Will using a home Will kit? Then this may be the article for you. According to New South Wales Trustee and Guardian, 45% of Australians do not have a valid Will. Furthermore, our research has indicated that Australians can have there Will drafted from as low as $4.50 using a home Will kit. Although you may be persuaded on price, home Will kits often contain a mountain of mistakes and are not always consistent with current legislation and succession planning techniques. Moreover, barristers love home will kits because they are generally more susceptible to litigation, meaning it can cost your estate thousands of dollars in legal and court fees.

But, you may be thinking…why does this matter to me? I will be dead. And yes, you are correct.

However, your family or loved ones may suffer. Home will kits generally, fail to contemplate issues relating to children, taxation, superannuation and executors are not always adequately addressed. Not to mention, most rudimentary home Will kits contain poor instructions and a lack of explanatory notes, making it extremely difficult for you to understand the nature and effect of the document you are signing. So, if you are looking at preparing your will and estate planning documents, we suggest you seek guidance from a firm that specialises in Wills and Estates. The team at PW Lawyers, Lindfield are always happy to help their clients with Will enquiries.

By Adam Marinelli, Paralegal at PW Lawyers

31/05/2019

Have you considered ‘Digital Assets’ in your estate planning?

Traditionally, estate planning techniques have focused on the distribution of tangible assets i.e. money, real estate, motor vehicles and personal possessions, etc. However, in a more modern era of technology and social media, many people often forget to ask their solicitor: what happens to my digital assets when I pass away?

Digital assets can be divided into two categories: financial and non-financial. Financial digital assets can include: crypto currencies such as Bitcoin, income earned from various intellectual property rights i.e. published songs, books and blogs, rewards points for credit cards or airlines, etc. Where as, non-financial digital assets can include: your facebook, instagram or twitter accounts, etc. It is important to consider digital assets in your estate planning to ensure your assets remain in the family (if that is your wish) and are properly managed when you pass away.

If you have any questions about your digital assets or advice on ways to manage your digital assets, please contact the team at PW Lawyers, Lindfield.

By Adam Marinelli, Paralegal at PW Lawyers

02/10/2018

The Ku-Ring-Gai edition of Monopoly, proudly sponsored by PW Lawyers, is now available for pre-sale! All proceeds raised will go to local charities which provide immeasurable support to our community. Sets will be avilable for sale at the Lindfield and Turramurra branches of Bendigo Bank, or online: https://tlcbb.com.au/monopoly.

02/10/2018

Almost 10 million Australians do not have a Will, potentially leaving their loved ones dealing with mountains of costly paperwork, and assets not being passed to their intended recipient. Doyle's Guide-recommended law firm PW Lawyers (formerly Proctor Willaws) believe everyone should have a Will, and we are currently offering a discounted rate of $550 for a Standard Will.

21/09/2018

PW Lawyers are proud sponsors of the Ku-Ring-Gai edition of Monopoly! All proceeds raised will be going to local charities which provide immeasurable support to our community. Pre-sales open on 24 September 2018. Sets will be avilable for sale at the Lindfield and Turramurra branches of Bendigo Bank.